In Sept. 2013, I had posted on
‘failure of card swipe’ – Diplika Pallikal suing bank and bank stating that it
was ‘AOG” ……… Straight drive; boast;
volley; lob; nick shot; skid boast; mizuki….the squash champ is used to these
term – but chose to agitate before a different Court, to which the other player
relied on ‘perils’ and to be more precise ‘AOG’ peril.
It was reported that Arjuna awardee and squash champion Dipika
Pallikal, livid by the way the Axis Bank treated her during a foreign tour,
claimed that it affected her performance and has sued the bank for Rs 10 lakh.
The Bank reportedly responded by lobbing
the ball back saying she’ isn’t tough
enough’.
Dipika is the first Indian
woman to crack the top 10 in WSA rankings. Ranked number 13 in the world in
2011, Pallikal was participating in the Cathay Pacific Sun Hung Kai Squash Open
in Rotterdam, Holland. Before her first round match, she
had to pay a bill of 490 euros (Rs 30,000)
when she checked out of Brainpark hotel there. It is reported that despite having a balance
of more than Rs 2 lakh in her account, the transaction failed, with the
card-reading device showing link error.
She sued the bank for the humiliation she felt and the loss of
reputation after that transaction was
declined even though she had enough money in her account. In her consumer
complaint, Dipika said some players from other countries even made snide
remarks on her credit-worthiness as well as about the country.
In its written version, the
bank denied causing mental agony to Dipika. “The very fact that the complainant
is not able to take the slightest disturbance would prove that she lacks the
requisite mental toughness of a world champion… she is only making excuses for
her non-performance and it is unfortunate and unethical to allege criminal acts
on the bank for technical failure that took place in a foreign soil on which
the bank has no control.”
Today, TOI reports that
Consumer Fourm hearing her case, directed Axis Bank to pay her a compensation
of 5 lakh for deficiency in service. Dipika initiated a case before the
District Consumer Disputes Redressal Forum, Chennai (South) in 2012, claiming
that the “humiliation” adversely affected her match performance. Later that
year, Dipika received a check of 1 lakh from the Union sports ministry. She
submitted it to the same bank for clearance, but the money was not credited
into her account, she said. However, in September 2013, the bank apologised to
Dipika for its remarks questioning her mental toughness. Dipika pursued the case against the bank “on
principle.”
On Monday, the forum bench
comprising its president P Jayapalan and member L Deenadayalan directed Axis
Bank to pay the compensation along with an interest of 10% from the date of
filing the complaint, along with 5,000 as case costs, in two months. Asked
about the victory, Dipika said: “I am happy as the court took note of what I
went through for no fault of mine. This is a victory for consumers of India and
proves consumer is king. It reaffirms our faith in consumer courts. It will
motivate others who are wronged by service providers to stand up and fight for
justice.” Thanking her fans, Dipika said: “I am touched by the support and
wishes of all my fans.” Sanjay Pinto,
her counsel, said: “Not all celebrities fight back when they are shortchanged,
as they are busy. I'm glad Dipika chose to make a point. Through this verdict,
the court has emboldened consumers to complain whenever they are faced with the
wrong end of the stick.” Despite attempts to contact them, Axis Bank officials
were not available for comments.
With regards – S. Sampathkumar
25th Mar 2o14.