IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/161/2018.
Date of Filing: Date of Admission: Date of Disposal:
12.10.18 29.10.18 09.01.23
Complainant: Napur Kr. Chowdhury
S/O Lt. Anil Chowdhury,
Chawk Murshidabad, P.O.& P.S.-Murshidabad
Pin-742149
-Vs-
Opposite Party: The Manager, Axis Bank,
Berhampore Branch
3/20,K.K.Banerjee Road,
P.O.&P.S.-Berhampore Pin-742101
Agent/Advocate for the Complainant : Self.
Agent/Advocate for the Opposite Party No.1 : Rajdeep Goswami.
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Nityananda Roy……………………………….Member.
Smt. Aloka Bandyopadhyay………………...Member.
FINAL ORDER
Sri. Ajay Kumar Das, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One Napur Kr. Chowdhury (here in after referred to as the Complainant) filed the case against Manager, Axis Bank Ltd. (here in after referred to as the OPs) praying for compensation alleging deficiency in service.
The material facts giving rise to file the complaint are that:-
The Complainant, namely, Napur Kr. Chowdhury got a receipt AXIS/CWDW16309/8636/300317 murshidabad on 30.03.17 from Axis Bank Berhampore and he came to know that Rs. 20,000/- was debited from his account i.e. 912010034751087. But no transaction was found on ATM receipt. And the said receipt was declined. Then he went to Axis Bank to meet with Bank Manager with this receipt. But he didn’t get any reply from the manager.
Finding no other alternative the complainant filed the instant case before this District Commission praying for an order directing the O.P.to credit Rs.20,000/- to his account and to pay Rs. 5,000/- for compensation. The OP is contesting the case by filing written version on 29.01.19 stating inter alia that the case is not maintainable against the OP under the Consumer Protection Act, the case is barred by limitation, estopple, waiver and acquiescence and there is no cause of action to file this case against the OP.
The Complainant used his ATM Card with confidential pin number for the purpose of withdrawal of money from the ATM of Axis Bank Ltd. and he on 30.03.2017 withdraw Rs.20,000/- by using ATM Card with confidential pin number from the ATM of Axis Bank Ltd.
The Complainant made a complaint before the OP Bank and on the basis of his prayer the due enquiry had been made and from the report of the ‘’ATM Complaints Details’’ it is found that ‘’As per Reconciliation Process Transaction is successful and no excess cash reported in the ATM’’. So the prayer of the Complainant is baseless and the complaint is not entitled to get any relief as per complaint of the above case.
The OP stated that there are no latches on the part of the OP Bank and the OP Bank has not made any unlawful trade practice. The Complainant with some ulterior motive for wrongful gain filed the above complaint against the OP Bank.
On the basis of the complaint and the written versions the following points are framed for proper adjudication of the case :
Points for decision
1. Isthe Complainant a consumer under the provision of the CP Act, 1986?
2. Has the OP any deficiency in service, as alleged?
3. Is the Complainant entitled to get any relief, as prayed for?
Decision with Reasons:
All the points are taken up together for the sake of convenience and brevity of discussion. The point to be noted is that no step is taken by the parties for a long period. However, we peruse the materials on record. Facts and circumstances of this case suggest that the Complainant is a consumer. Thus, we are of the view that the Complainant is a consumer.
`It is the case of the Complainant that he got a receipt AXIS/CWDW16309/8636/300317 murshidabad on 30.03.17 from Axis Bank Berhampore and he came to know that Rs. 20,000/- was debited from his account i.e. 912010034751087. But no transaction was found on ATM receipt. And the said receipt was declined. Then he went to Axis Bank to meet with Bank Manager with this receipt. But he didn’t get any reply from the manager.
On this point the OP has replied to the effect that the Complainant made a complaint before the OP Bank and on the basis of his prayer the due enquiry had been made and from the report of the ‘’ATM Complaints Details’’ it is found that ‘’As per Reconciliation Process Transaction is successful and no excess cash reported in the ATM’’. So the prayer of the Complainant is baseless and the complaint is not entitled to get any relief as per complaint of the above case.
In support of his contention the OP has filed ATM Complaint Details where in it is found that as per Reconciliation Process Transaction is successful and no excess cash reported in the ATM.
In view of the matter discussed above we are of the view that the instant complaint case has no merit and as such it is liable to be dismissed.
Reasons for delay
The Case was filed on 12.10.18 and admitted on 29.10.18. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the instant complaint case CC/161/2018 be and the same is hereby dismissed on merit against the OP but without costs.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
President
Member Member President.
