Orissa

Debagarh

CC/16/2019

Jugal Kishore Sahu, aged about 35 yrs, S/O-Madan Mohan Sahu - Complainant(s)

Versus

The Branch Manager, AXIS Bank, Deogarh Branch - Opp.Party(s)

Sri K.B. Meher

26 Nov 2021

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH

C.C NO-16/2019

Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member.

 

Jugal Kishore Sahu, age 35 years,

S/O-Madan Mohan Sahu,

R/O-vill/P.O-Tarang(Reamal),P.S/-Reamal, Dist-Deogarh.                                  

At present  at Bhitiriasahi,P.O/P.s/Dist-Deogarh                                                    ...Complainant.

                                                                                              Vrs.

1. The Branch Manager,

          Axis Bank, Deogarh Branch,

           At/PO/PS/Dist-Deogarh.

2. The Circle Manager,

          Axis Bank,

          At-Plot no 1,Nandighosh Estates, Bapuji Nagar,

          Bhubaneswar, Odisha 751009.                                                                    ....O.Ps

           COUNSELS:-

For the Complainant :-          Sri K.B Meher, Advocate.

For the O.P-1             :-          Sri P. Mishra, Advocate.

For the O.P-2             :-          None

DATE OF HEARING : 06.11.2021, DATE OF ORDER : 26.11.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant  is  having a S.B Account in AXIS Bank in Deogarh Branch having account no.-918010051939028 with ATM facilities. On dt 10.04.2019, when the Complainant availed a mini statement of his savings bank account, he found that a debit of Rs.37,620.00 has been made from his said account without his knowledge. The Complainant has neither withdrawn the money from the bank through withdrawal form nor through ATM Card nor issued any cheque to any other person. Further the Complainant has never given any written or oral direction to the O.Ps to deduct any amount from his saving bank account suo motto. On asking the matter, the O.P-1 remained silent and told to the Complainant that he will reverse the transaction and credit the amount to the account of the Complainant as early as possible. Thereafter the Complainant requested the O.P-1 to give detail of the transaction and clarify him that to which account the amount has been transferred/deposited but the O.P-1 did not take any steps to clarify the same but assured the Complainant that he is trying to solve the matter and he will inform the Complainant accordingly. The complainant, as a bonafide consumer made several personal contacts with O.P-1 and demanded to verify the records as to ascertain the miscreatant but the O.P-1 did not co-operate him for which he sustained financial loss, mental pain and agony due to Deficiency in Service and Unfair Trade Practice caused by the O.Ps, accordingly the Complainant constrained to seek relief in this Commission. He added that after receiving the notice from this Commission on dtd. 16.04.2019, the O.P-1 sent a letter in the address of the Complainant through Postal Services under the heading MAX LIFE INSURANCE COMPANY LIMITED, dtd. 01.04.2019 which was received by the Complainant on dtd.22.04.2019, attached with a cheque amounting to Rs.37,620/- vide cheque no- 100768 dtd. 01.04.2019. As the Complainant has no transaction with the said Insurance Company he became confused on receiving the same.

The O.P-1 though appeared through his Advocate but failed to file written version in this case in spite of availing sufficient adjournments. The O.P-2, despite of service of notice he did not bother to appear before this Commission thus challenging the allegations made by the Complainant. So taking it in to consideration as “IT IS A YEAR OLD CASE”, this Commission has rightly decided to dispose the case as well setting the O.P-2 as ex-parte in this case. Hence hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

         From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has opened a saving bank account in the bank of the O.P-1 for his personal needs and availing services regularly. It is seen from the account statements of the O.P-1 Bank there is a debit of Rs.37620/- on dtd.21.03.2019 from the account of the Complainant which is claimed to be not in the knowledge of the Complainant/account holder. He could be able to know it when he obtained a mini statement on dtd.10.04.2019. On the same day he rushed to the O.P-1 and made inquiry about the matter but no satisfactory answer was given to him for which he filed a consumer complaint before this commission on dtd.12.04.2019.  Again it is suspicious, the receiving      of Letter of Greetings from “Max Life Insurance Company Ltd”. With a cheque by the Complainant without having any transaction ever before.  Again it is confusing why the said Insurance Company has paid exactly the same amount which was claimed to be withdrawn, without the knowledge and consent of the complainant from his bank account. This matter has been well settled in the case of  “Capital Charitable & Education ... vs Axis Bank Limited”  decided on 9 December, 2019 by National Consumer Disputes Redressal, New Delhi.  From the above discussion we conclude that the O.P-1 has committed Unfair Trade Practice u/s-2(47) of Consumer Protection Act-2019.The allegation against the O.P-2 is not proved so he is discharged from liabilities.  Hence we order as under:-

 

                                                                                       ORDER

The Complaint petition is allowed. The O.P-1 is directed to pay Rs 10,000/-(Ten Thousand) as compensation towards harassment, financial loss, mental agony and pain along with Rs.5,000/-(Rupees Five Thousand) towards cost of litigations to the Complainant. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.  

Order pronounced in the open court today i.e, on 26^th day of November-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

MEMBER.(W)                                                                                               PRESIDENT.

                                                            Dictated and Corrected

                                                                            By me.

           

                                                                      PRESIDENT.