State Consumer Disputes Redressal Commission
M/S Axis Bank Ltd vs Mr. Anil Kumar Chadha on 5 August, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA First Appeal No.1061 of 2010 Date of Institution:26.07.2010 Date of Decision:05.08.2010 M/s Axis Bank Ltd., Galleria Branch, DLF Phase-IV, Gurgaon, through its Branch Manager. Appellant Versus. Mr. Anil Kumar Chadha s/o late Sh. Madan Mohan Lal Chandha, r/o 4/20, Shivaji Nagar, Gurgaon. .Respondent Present:- None for the Appellant. BEFORE: Honble Mr. Justice R.S. Madan, President. Dr. Rekha Sharma, Member. Mr. Diwan Singh Chauhan, Member O R D E R
JUSTICE, R.S. MADAN, PRESIDENT:-
The grievance of the complainant before the District Forum was that on 15.10.2007, he has withdrawal a sum of Rs.10,000/-
from his saving Bank A/c No.1310100097918 from the ATM machine of the opposite party. However, the mini-statement shows the withdraw of Rs.20,000/- i.e. Rs.10,000/- twice. Immediately, the complainant has approached the nearest Branch of the opposite party Bank located at Sector-14, Gurgaon and informed it in this regard. But no heed was paid to the request of the complainant, which action of the opposite party forced him to file the present complaint.
In the written statement filed, the opposite parties have denied the entire version of the complaint and prayed for dismissal of the complaint.
Both the parties adduced evidence in the shape of affidavits in support of their stands taken before the District Forum.
While disposing of the complaint, the District Forum has held in para No.4 of the impugned order as under:-
After hearing the parties and going through the case file we hold that on 15.10.2007, the complainant pushed the button of ATM number for slip but he could not get the slip as well as cash amount. On 15.10.2007, again the complainant pushed the b utton Yes for slip then he received Rs.10,000/- from ATM along with the slip. Though the complainant had got only Rs.10,000/- but the double entry of Rs.10,000/- was made in the statement. We hold that there was deficiency in service on the part of the opposite parties. We therefore, allow this complaint and direct the opposite party to credit Rs.10,000/- in the account of the complainant along with interest at the rate of 9% per annum from the date of debit i.e. 15.10.2007 till its credit. The opposite party is also directed to pay Rs.5,000/- for the harassment caused by the opposite party to the complainant and to pay Rs.5,000/- towards cost of litigation.
Aggrieved by the order passed by the District Forum, appellant/opposite party has filed the present appeal before this Commission.
We have gone through the impugned order and taken into consideration the facts and circumstances of the case and are of the view that in the instant case despite of the fact that complainant has withdrawn a sum of Rs.10,000/- on 15.10.2007 from the ATM machine of the opposite party, the debit entry was made twice in his account for a sum of Rs.10,000/-, which shows the clear cut deficiency in service on the part of the appellant/opposite party. In this view of the matter, we feel that the District Forum was justified in accepting the complaint and issuing the directions as noticed above in its impugned order, which does not call for any interference in this appeal.
No merit. Dismissed in limini.
The statutory amount of Rs.11,257/- deposited by the appellant at the time of filing of the appeal is ordered to be released to the appellant after proper receipt, identification and verification.
5th August, 2010 Justice R.S. Madan.
President.
Dr. Rekha Sharma, Member Diwan Singh Chauhan, Member