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1 FA/600/2018.
Date of filing : 10.12.2018
Date of order :14.02.2020
MAHARASHTRA STATE CONSUMER DISPUTE
REDRESSAL COMMISSION,MUMBAI, BENCH AT
AURANGABAD.
FIRST APPEAL NO. : 600 OF 2018
IN COMPLAINT CASE NO.: 279 OF 2018
DISTRICT CONSUMER FORUM : AURANGABAD.
Axix Bank Ltd,.
Gran Exito, Showroom, No.1A & 1B,
Survey No. 172, B.T.Kawade Road,
Ghorpadi, Pune 411 001.
APPELLANT
VERSUS
Anjana Sharma W/o Rameshwar Sharma,
R/o Flat No.20, Livestonia, 3 Palma Groves
Co-operative Housing Society, 49, B T. Kawade road,
Ghorpadi, Pune.
R/o At Present Station Cell, Cantonment area,
Aurangabad.
RESPONDENT
CORAM :
Smt.S.T.Barne, Hon`ble Presiding Judicial
Member.
Mr.K.M.Lawande, Hon’ble Member.
Present :
Adv. Naresh Gadekar for appellant,
Adv.S.R.Chaware for respondent.
J U D G M E N T
(Delivered on 14.02.2020.)
Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.
1. The appellant Axis Bank, Branch Ghorapadi Peth, Pune has
preferred this appeal against judgment and order in CC No.279/2018
decided by District Consumer Forum, on 30.10.2018.
2 FA/600/2018.
2. The appellant is the original opponent and the respondent
Anjana w/o Rameshwar Sharma is the complainant in the original
complaint. They are referred as complainant & opponent as per their
status in original complaint before the District Consumer Forum.
3. The complainant has filed CC No. 600/2018 before District
Consumer Forum, Aurangabad. It is alleged therein that the
complainant had been to Morena State of M.P. from Aurangabad on
14.9.2017. On 17.9.2017 she was returning from Morena to
Aurangabad by Suchkhand Express, by coach No. A1-Seat No.31-32,
on 18.9.2017 at about 2:15 a.m. her train reached at Bhopal Railway
Station, at that time some unknown person has stolen away her
purse and her two mobile handsets, two ATM cards debit card of Axis
Bank and ICICI Bank were stolen away. The complainant immediately
raised alarm, called attendant within 10 to 15 minutes Sanjay Vithal
TTE came there. He gave call to constable of RPF and recorded her
complaint. Thereupon RPF person came and recorded her complaint
and registered the FIR at Khandwa police Station. Thereupon, she
gave phone call to the Manager of Axix Bank, at about 3:15 am from
the mobile call of co-traveller. The Manager of Axis Bank gave
customer care number to her. However, complainant was unable to
give her customer number. Therefore, she gave phone call to her
husband. Thereafter, about 5:45 am the card was blocked. Due to
said incident the complainant got attack of Asthama. On returning to
Aurangabad she has lodged report with Railway Police, Aurangabad .
Then she inquired with the bank representatives about blocked card.
She came to know that amount of Rs.95,000/- from Axis bank, from
3 FA/600/2018.
Dewas ATM (State of MP) & Rs.44,000/- from account of ICICI Bank
were withdrawn.
4. The husband of complainant forwarded E-mail and complaint
to customer care on 18.9.2017 and 20.9.2017 respectively. On 23rd
Oct.2017 again she requested to customer care Axis Bank by E-mail.
Thereupon, the Axis Bank Financial Crime Management Department
Airoli, (Navi Mumbai) informed the complainant to approach the
nearest Branch to fill up customer dispute form, for the transaction
which was not done at the end of complainant. Therefore,
complaint again visited Axis Bank Adalat road, branch on 25 Sept.
2017, it was told her that already her form was submitted on 20th
Sept. 2017. On 28.10.2017 it was informed to her that amount of
Rs.95,000/- was credited to her account and she was asked not to
