West Bengal

Birbhum

CC/23/2020

Madhumita Das - Complainant(s)

Versus

Branch Manager, Axis Bank, Bolpur Branch, - Opp.Party(s)

Subrata Mukhopadhaya

16 May 2023

ORDER

Smt. Saswati Saha- Member.

            The complaint has been filed by the complainant Under Section 12 of the Consumer Protection Act, 1986.

            The fact of the case in brief is that, the complainant is a resident under the jurisdiction of this Commission.

            That the OP No. 2 is a Banking organization having its Branch at Bolpur, Birbhum and providing services to its customer of Bolpur Branch.

            That the complainant has a Bank Account in Axis Bank, Bolpur Branch vide his account No. 220010100119689 by which the complainant became a customer of the Axis Bank and the complainant deposited some amount to the said Bank.

            That, later the complainant due to unavoidable situation, expressed her interest to close the said account and also applied before the Branch Manager, Axis Bank, Bolpur Branch in which balance of Rs. 10,000/- was lying to that effect.

            That the Branch Manager, Axis Bank instructed the complainant that her balance amount of Rs. 10,000/- would be paid through DD, but she had to close her account at first. Accordingly the complainant closed her account but the OP members did not pay the balance amount of Rs. 10,000/- to the complainant.

           

 

 

That, thereafter the complainant requested to the higher authority that is OP No. 2 of the said Bank for several times but they ignored all the requests of the complainant which is tantamount to unfair trade practice and the complainant being harassed again and again by the OP members.

            That finding no other alternative the complainant became restrained to file this complaint before this District Consumer Disputes Redressal Commission for proper relief as laid down in the petition.

            That the cause of action arose and from 03/09/2018 and thereafter various occasion and subsequently harassing the complainant in each and every situation.

            Hence, the case is filed by the complainant with a prayer

1. To return the said amount along with interest till the date of realization of the same.
2. For stress and mental agony, the harassment cost of Rs. 20,000/-(Twenty thousand only).
3. Rs. 50,000/- (Fifty thousand only) as compensation amount.
4. Any of the relief/reliefs as the Commission think fit and proper

            It appears from case record that several opportunities have been given to both of the OP/Axis Bank for filing questionnaires. OPs filed the written version but no questionnaires has been filed by the OP members. So the opportunity for filing questionnaires by the OP side was closed vide order No. 25 dated 10/02/2023.

It also appears from the case record that several opportunities have been given for the hearing of argument, but no step has been taken up from the OP side. So, the argument heard in absence of the OP members on 23/03/2023.

            Complainant submitted evidence-in-chief. Some documents have also been filed by the complainant and compared with original documents, and all the original documents returned to the complainant. Ld. Advocate for complainant has submitted W/N/A and also made oral argument in support of his case.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the complainant a consumer within the ambit of C.P Act 1986?
2. Is the case maintainable in the eye of law?
3. Has the complainant any cause of action to file this case?
4. Is there any deficiency of service on the part of the OP?
5. Is the entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

 

 

 

 

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he had a SB A/C at the Axis Bank in which OP No. 1 was the Branch Manager. The complaint was willing to close her SB A/C and she was instructed by the OP No. 1 to close her said account at first where the amount of Rs. 10,000/- was lying. The OP assured her that the lying amount would be paid to the complainant through DD. But the OP No. 1 didn’t pay the said amount to the complainant after closing of her said account. The complainant reported the matter before the OP No. 2 the chairman, Axis Bank Limited who is being the higher authority of OP No. 1.

Thereafter OP/Axis Bank issued a DD of Rs. 10685/- dated 01/09/2018 and thereafter the same was revalidated on 08/03/2019 but the same was returned as dishonored. The complainant had been to the OP Bank several time and also emailed letters for his claim but both the Ops did not pay any heed to her.

The complainant gives evidence in support of his case as P.W.1.

Both the OPs are not taken any step from the stages of filing questionnaires. So the opportunity for filing questionnaires by the OPs are closed by order No. 25 dated 10/02/2023.

Even the OPs are not being present on the date of argument. So, the argument heard in absence of OP members on 23/03/2023.

Through the OP members filed their W/V as on dated 03/08/2022. Hence, this case will be considered after perused the W/V as filed by the OP members.

From the unchallenged evidence of P.W. 1 it is proved that the complainant has closed her SB A/C where the said amount was lying. The OP members did not pay the amount to the complainant which caused harassment and mental agony to the complainant.

This Commission did not finding any reason to disbelieve the unchallenged testimony of the complainant.

            Hence, this Commission is of view that the complainant could be able to prove his case beyond all reasonable doubt and is entitled to get relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

   that the instant C.C. Case No. 23/2020 be and same is allowed in part

on contest with costs.

           

 

 

 

The OP members are directed to pay jointly or severally a sum of Rs. 10,000/-(Ten thousand only) to the complainant along with interest @ 9% p.a. calculating from 17/02/2020 (the date of filing of the case) to till realization.

The OP members are also directed to pay Rs. 25,000/- (Twenty five thousand only) as compensation as against mental agony and harassment to the complainant.

The OP No. 1 and 2 are directed to pay to the complainant jointly or severally the litigation costs of Rs. 10,000/-(Ten thousand only).

The entire decree will be complied by the OP members within 45(Forty five) days from the date of order, in default the complainant is at liberty to put this order in execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.