AXIS BANK LTD. Vs. BRIJENDER KUMAR MITTAL
LAWS(NCD)-2020-6-45
NCDRC
Decided on June 23,2020

AXIS BANK LTD. Appellant
VERSUS
Brijender Kumar Mittal Respondents


Referred Judgements :-

RUBI CHANDRA DUTTA VS. UNITED INDIA INSURANCE CO LTD [REFERRED TO]


JUDGEMENT

Prem Narain, J. - (1.) This revision petition has been filed by the petitioner Axis Bank Ltd. against the order dated 26.3.2015 of the State Consumer Disputes Redressal Commission, Punjab (in short 'the State Commission') passed in First Appeal No.365 of 2011.
(2.) Brief facts of the case are that the respondent/ complainant has filed the complaint against the petitioner/ opposite party on the averments that on the allurement of the agent of the opposite party on 21.03.2008, he opened saving bank amount no.313010100125826 in the opposite party bank being assured of better services. He was informed that minimum balance should be of Rs.2500/- in his account and thereby complainant deposited amount of Rs.2500/- for the minimum balance on 21.03.2008. The opposite party assured sending of quarterly statements of account to the complainant but when asked by the complainant, the opposite party always gave the false assurances that they will send the same by post. On 02.07.2010 the complainant issued a cheque in favour of Reliance Company, but he was surprised to find that cheque has been dishonoured by the OP on the ground of "insufficient funds" in his account to clear the cheque. The complainant made an enquiry and was informed by OP that there was no "sufficient balance" in his account to encash the cheque. On receiving the account statement of his saving bank account, the complainant found that below noted amounts were deducted from his account without any intimation to him and he was never informed that the amount of Rs.107/- was required to be debited on account of debit card issuance charges. JUDGEMENT_45_LAWS(NCD)6_2020_1.html JUDGEMENT_45_LAWS(NCD)6_2020_1.html
(3.) It has been alleged that the above-referred amounts have been debited from the account of the complainant illegally and without any notice by OP at any time. The complainant has filed the complaint on 11.11.2010 praying to direct the opposite party to credit the amount of Rs.6440.27 illegally debited from his account and to pay the punitive compensation of Rs.50,000/- for his undue harassment by the opposite party. District Forum vide order dated 19.01.2011 allowed the complaint with Rs.1,000/- as costs and directed opposite party to credit the various sums debited from the account of the complainant as penalty, consolidated charges and service tax, etc. from time to time along with interest @ 8% p.a. from the date of their deductions till realization. The District Forum further directed opposite party to pay a sum of Rs.50,000/- (Rs.5,000/- to complainant and Rs.45,000/- to be deposited in the consumer legal aid account) as exemplary compensation. Opposite party was also directed to issue passbooks to its account holders & every transaction to be recorded in that passbook. State Commission vide order dated 26.03.2015 dismissed the appeal of opposite party.;


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