A complainant cannot seek redress for faults stemming from their own erroneous actions in financial transactions.

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Date of Institution: 17.04.2018 Date of final hearing: 07.07.2025 Date of pronouncement: 28.07.2025 First Appeal No.465 of 2018 IN THE MATTER OF:-

Nishant Pannu S/o Sh. Dharambir Singh Pannu, R/o H. No. 501, Sector-5, Urban Estate, Karnal and R/o 27, North Humberland Road, Southampton Hampshire, U.K.

.....Appellant Versus

1. Axis Bank Ltd. 3/250/1 Shakti Colony, Near Ambedkar Chowk Mall Road, Karnal through its Manager.

2. Axis Bank Ltd. Corporate Office Bombey Dyeing Mills Compound Pandurang Budhkar Marg, Warli Mumbai-400025 through its C.E.O.

3. Axis Bank Ltd. Head Office Corporate Office Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Warli Mumbai-400025 through its M.D.

…..Respondents CORAM: Sh. Naresh Katyal, Judicial Member.

Sh. S.C. Kaushik, Member Argued by:- Mr. Ashish Chaudhary, counsel for appellant.

None for respondents.

ORDER

NARESH KATYAL, JUDICIAL MEMBER:

Delay of 30 days in filing of present appeal stands condoned for reasons mentioned in application seeking condonation of delay and accompanying affidavit which, in opinion of this Commission do constitute ‘sufficient cause’.

2. Unsuccessful complainant is in appeal. Challenge in this Appeal No.465 of 2018 has been invited to legality of order dated 09.02.2018 passed by District Consumer Disputes Redressal Forum-Karnal (In short “District Consumer Commission”) in complaint case No.94 of 2016, vide which his complaint has been dismissed.

3. Factual matrix: Complainant is/was having Saving Bank Account No.911010024919957 with OP No.1-Axis Bank. On 27.01.2015, he tried to transfer funds for his study from this account to LLOYD Bank Southampton U.K. through e- banking but failed and was advised by OP No.1 to register beneficiary account during working hours. As advised, he successfully registered his account No.53748568 B/C No.LOYDGB21J89, Passport No.G5872998 and address: 27, North Humberland Road Southampton Hampshire U.K. with his aforesaid account maintained with Axis Bank Ltd. through e-banking on 30.01.2015 and through e- banking he proceeded for transfer of 2000 pounds (Rs.1,90,736.02/-) from his aforesaid account maintained with OP to his account with LLOYDS Bank U.K. Thereafter, he was astonished to know that though 2000 pounds were got deducted on 31.01.2015 from his S/B Account No. 911010024919957 with OP No.1, but the amount was not transferred/credited in his registered account No.53748568, B/c No.LOYDGB21J89 at U.K. He approached OP through e-mail and through his father and requested to credit said amount in his aforesaid U.K. account. Later on, OP stated that due to some wrong IBAN number; said amount has been credited in bank account of some third person of North Hamberland Road Southampton Hampshire U.K. Complainant also approached LLOYDS Bank in this matter and received letter dated 30.10.2015 from said bank, wherein it has been stated that correct process is for Axis Bank to recall the funds, as funds were sent from this bank and when they receive recall request, they will proceed for recalling of funds from third party. After receiving the said letter, complainant requested OPs for recalling aforesaid fund/amount but till date no action has been taken by the OPs and as per plea; OPs are prolonging the matter on one pretext or other. He has pleaded deficiency in service on part of OPs and filed complaint for issuance of directions to OPs to pay Rs.1,90,736/- (2000 Pounds); to pay compensation of Rs.2,80,000/- on account of monitory loss, harassment, mental agony with 24% p.a.

interest; to pay him Rs.22,000/- towards litigation expenses.

4. OPs raised contest. In defense of OPs-Axis Bank Ltd., it is pleaded in preliminary objections that complainant has not come with clean hands; suppressed and conce