DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 196/2022
Date of Filing Date of Admission Date of Disposal
07.06.2022 10.06.2022 28..02.2024
Complainant/s:- | Nirmal Kumar Sarkar, S/o. Late.Lalit Mohan Sarkar, 113/1, Rabindra Sarani Road, New Barrackpore, P.S and P.O. New Barrackpore, North 24 Parganas, Pin-700131. =Vs= |
Opposite Party/s:- | 1The Manager of Axis Bank Ltd, New Barrackpore , Basudha Apartment 33 and 35, APC Road, Kolkata-700131. P.O. and P.S. New Barrackpore 2. Axis Bank Ltd, New Barrackpore, Basudha Apartment , 33 and 35, APC Road, Kolkata-700131, P.O. and P.S. New Barrackpore 3The Manager of Axis Bank Limited, 7, Shakespare Sarani, Park Street, Kolkata-700071, P.O. Middleton Row, S.O Shakespare Sarani. 4. Axis Bank Limited, 7, Shakespare Sarani, Park Street area, Kol-700071, P.O. Middleton Row, S.D, P.S. Shakespare Sarani. 5.Axis Bank Limited, NPCI, 5th floor, Gigaplex, Plot No- I.T.S MIDC, Airoli Knowledge Park, Navi Mumbai-400708, P.O. Airolt S.O., P.S. Rabale (MIR) P.S. |
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant’s above named filed this complaint under Section 12 of the C.P. Act , 1986 against the aforesaid opposite parties praying for direction to the opposite parties to pay sum of Rs. 495,000/-, compensation amounting to Rs. 1,00,000, Rs.25,000/- litigation cost and further reliefs. He alleged in the petition of complaint that on 17.04.2020 complainant created fixed deposit account in the Axis Bank Ltd, New Barrackpore for a sum of Rs.7,00,000/- for the term of one year which was scheduled to mature on 17.04.2021 and maturity amount was assessed to Rs. 7,45,887/-. On 05.10.2020 the complainant received a call from an unknown number being No. 9883458085. By the said phone call complainant was insisted for creating an account with Paytm for regular transactions with many cash back offers. Being manipulated the complainant was agreed to open an account in the Paytm. On that time O.Ps were to given some instructions and also asked the complainant to follow the same. Complainant on good faith followed the same. After some procedure opposite parties requested the complainant to do a small recharge of Rs. 10 and the recharge was successful. Accordingly opposite parties confirmed that the creation of account was successful. Within 10 -15 minutes complainant received a message in his mobile from the bank that the account has been debited by Rs.3,70,000/-. Seeing the message the complainant opened the Axis Bank mobile app to check the details and found that Rs. 1,25,000/- has been deducted from his savings account and his fixed deposit of
Rs. 7,00,000/- has been closed and Rs. 3,70,000/- has been withdrawn from that amount. Thereafter complainant went before the O.P. No.1. But he refuses to receive any complaint from the complainant. Thereafter complainant went to police station and lodged FIR against such unauthorized transaction vide FIR number -368/20 dated 05.10.2020. The complainant also registered one complaint at Kolkata Police being complaint No. 17625on 05.10.2020. On 06.10.2020 complainant lodged a complaint for unauthorized transaction before the Axis Bank. Hence the complainant filed this case praying for aforesaid relief.
On perusal of record we find that the O.Ps have appeared in this record and filed W.V.
On perusal of W.V filed on behalf of the opposite parties we find that they denied the entire allegation made in the petition of complaint. They further stated that complainant approached before this commission with false allegation. Aforesaid complaint is mis-conceive, groundless, false etc. They pray for dismissal of the case.
Contd/-2
C.C. No. 196/2022
Trial
uring trial complainants filed affidavit –in-chief on 08.02.23. On that date O.P Nos. 1-5 were absent and for that reason copy of affidavit-in-chief not yet been served upon them. No questionnaires have been filed on behalf of O.P. Nos. 1-5.
Documents
At the time of filing this complaint complainant filed the following documents which were verified at the time of hearing argument.
- Copy of savings bank pass book in the name of complainant ( two sheets Xerox).
- Copy of fixed deposit certificates issued by Axix Bank Limited in respect of amount of Rs. 3,40,000/- ( one sheet Xerox).
- Copy of formal FIR relates complaint of the complainant which were alleged before Barrackpore before the New Barrackpore P.S. (One sheet Xerox).
- Copy of card holder dispute form dated 01.10.2020 which were received by the Axix Bank Authority on 07.10.2020 (one sheet Xerox).
- Copy of complaint before Joint Commissioner of Police dated 24.11.2020 lodged by complainant. (one sheet Xerox).
- Copy of complaint lodged by the complainant before Assistant Director, Consumer Affairs and Fair Business practices, Salt Lake, Regional with receiving endorsement dated 26.04.2021.
- Letter issued by Assistant Director, Consumer Affairs and Fair Business Practices dated 21.01.2022 (One sheet Xerox).
- Copy of letter issued by Assistant Director to the complainant dated 25.02.2022.
- Copy of circular of Reserve Bank of India dated 06.07.2017( Nine shee
- Customer Production issued by Axis Bank Authority (Five sheets Xerox).
BNA
The complainant files BNA.
Decisions with Reasons
We have carefully gone through the aforesaid documents. We have heard the Ld. Advocate for the complainant at length. We find that complainant alleged that he has a bank account before the O.Ps. He fixed a sum of Rs. 7,00,000/- for the term of one year. The maturity date of several fixed deposit was 17.04.2021 and maturity value of the said fixes deposit was Rs. 7,45,887/-.
But on 05.10.2020 he was instructed by the PTM Customer Care for creating an PTM account, He followed the instruction and as per their advice he recharged a small amount of Rs. 10/- but within 10 to 15 minutes a sum of Rs. 3,70,000/- was deducted from his account. Thereafter, he opened the Axis Bank Mobile App and found that a sum of Rs. 1,25,000/- also deducted from his bank amount and his aforesaid fixed deposit of Rs. 7,00,000/- has been prematurely encashed and Rs. 3,70,000/- has been withdrawn. He knocked the door of different authorities including Police and O.Ps bank but did not get any fruitful result. During hearing the Ld. Advocate for the complainant showed the original copy of fixed deposit of said Rs. 7,00,000/- in support of fact that he did not ask the bank authority to close the aforesaid fixed deposit for premature encashment.
The O.Ps filed W.V and denied the entire allegation and further contended that complainant himself is responsible for the said transaction.
Contd/-3
C.C. No. 196/2022
We find from the record that O.Ps being the banking institution did not take any steps to give the relief to the complainant in respect of the guideline of RBI dated 06.07.2017 and as per said guide line customer should be protected by the Bank. As the Ld. Advocate for the
complainant has able to show the original copy of fixed deposit so it is clear before us that the complainant did not take any steps for premature encashment of aforesaid fixed deposit of Rs.7,00,000/-..
On perusal of bank pass book of the complainant we find that a sum of Rs. 1,25,000/- also been deducted from the account of complainant. But the O.Ps did not take any steps. The aforesaid act of the O.Ps is nothing but deficiency in service. Complainant cannot suffer for the aforesaid act of the O.Ps in view of the guidelines stated above.
On perusal of record we find that the complainant is the consumer and O.Ps are the service provider.
Having regard to the aforesaid discussion it is clear before us that complainant has able to established his grievance by sufficient documents beyond reasonable doubt and he is entitled to reliefs as per his prayer.
In the result, the present case succeeds.
Hence,
it is ordered,
the present case be and the same vide No. 196/2022 is allowed on contest against the O.Ps with cost of Rs. 5,000/-( Rs. Five thousand ) to be paid by O.P in favour of the complainant.
O.Ps. jointly or severally are directed to refund Rs. 3,95,000/-(Rs, Three Lakh Ninety five thousand only) along with interest at the rate of 10% p.a. from 05.10.2020 to till the date of actual payment positively within 45 days from this date failing which complainant shall have to liberty to put this order into execution.
O.Ps jointly or severally are directed to pay Rs. 50,000/- in favour of the complainant as compensation for his harassment and mental pain upon 45 days from this date, failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR 2005.
Dictated and corrected by me.
President
Member President
