Delhi

West Delhi

CC/18/74

MANOJ KUMAR - Complainant(s)

Versus

YES BANK - Opp.Party(s)

06 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  74/2018

                               

VERSUS

YES BANK

LAL SAI MANDIR MARG,

BLOCK VB, VIRENDER NAGAR,

JANAKPURI, NEW DELHI-110058                                           OP-1              

 

AXIS BANK

244, GURUJAWALA TOWN,

PART-3 DELHI-110009

                                                                                                                        OP-2

 

 

O R D E R

 

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.Ps under section 12 of Consumer Protection Act, 1986. Briefly the facts as alleged by the complainant are that the complainant is having salary account with OP-1. It is alleged that on 01.12.2017 the complainant tried to withdraw Rs. 5000/- but the cash was not dispensed however the above said amount was debited from his account. The complainant lodged compliant with customer care of op-2 vide compliant no. 1712026135. The OP-2 informed complainant after inquiry from OP-1 that transaction was successful and therefore, amount can not be refunded.  Thereafter the complainant on 13.12.2017  lodged written complaint to OP-2 but OP-1 refused to refund the amount on the ground that the transaction was successful. OPs also failed to provide Cc TV footage to the complainant. Complainant also lodged online FIR but to no effect. Hence the present complaint for direction to OPs to credit a sum of Rs. 5000/- and also prayed for compensation on account of mental and physical.       

          The notice of the complaint was sent to OP but none put in appearance on behalf of OPs and were proceeded ex-parte vide order dated 07.06.2018.   

          When the complainant was asked to lead evidence, the complainant filed affidavit of evidence testifying the contents of complaint on oath and deposed  that the amount was not dispensed from the  ATM machine and the OP failed to refund the same. He also relied on statement of account and withdrawal slip dated 01.12.2017.         

         

We have heard complainant in person and have gone through the material on record carefully and thoroughly.

Whether as to the complainant is entitled for the relief he has sought.  The version of the complainant remains unrebutted and unchallenged and there is no reason to disbelieve the version of the complainant which is testified on oath. Despite opportunity OPs chose not to appear and present its version, moreover  there is no iota of evidence which shows that the transaction was successful.

We direct to OP-1 to credit a sum of Rs. 5000/- in account of complainant and Rs. 2000/- on account of compensation for harassment and litigation expenses within 45 days of the receipt of the order. 

File be consigned to Record Room. Copy of Order be given as per rules.

          Announced this 6^th September  2019.

 

(PUNEET LAMBA)                                                                               (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT