How to complaint DRDRC Judgement

Consumer Affairs
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1

I maintain a savings account with Axis Bank, Bagha Purana branch. Employees of MaxLife, operating from within the bank premises, misled me (ang many others) into investing in their schemes by falsely representing them as Axis Bank products. They overstated returns, leading me to invest my money. Upon realizing the misrepresentation, I repeatedly requested the bank to return my investment, but my pleas were ignored for over a year and a half. As a result, I filed a complaint with the District Consumer Forum, Moga.

The proceedings were marred by procedural irregularities, and the final judgment failed to ensure a fair resolution of my complaint against Axis Bank and MaxLife.

• On 13-August-2024, after 3 months, I was informed that the case has been concluded, but hearings continued until 20-December-2024, without my participation. I received the judgment in the second week of January-2025.
• My presence was not recorded at any of the hearings, despite appearing each session. I was unexpectedly marked absent on dates when I was present and requested to postpone the date on one occasion.
• I did not observe the presence of any employee or legal counsel from the opposite party, MaxLife, nor was any argument made.
• The second opposite party, Axis Bank also remained absent throughout the proceedings.
• After 5-August-2024, I was not given the opportunity to present the annual statement from MaxLife and my health reports.

Due to health constraints that make travel and court appearances difficult, I am unable to file a formal appeal.

2

Dear @Komal_Brar Ji,

Your case concerns a misrepresentation by MaxLife employees who, from within the premises of Axis Bank, Bagha Purana branch, misled you and other customers into believing their investment schemes were Axis Bank products. Following this misrepresentation, you invested in these schemes based on false promises of high returns, only to discover the deceit later. Despite multiple requests for a refund, Axis Bank did not respond. You filed a complaint with the District Consumer Forum, Moga, but the proceedings were riddled with procedural irregularities, including your presence not being recorded, the absence of the opposing parties (Axis Bank and MaxLife), and unfair restrictions on your ability to present evidence.

Given the serious procedural lapses, you are considering an appeal but are constrained due to health reasons.

Legal Overview

  1. Consumer Protection Violation – Misrepresentation by MaxLife agents and inaction by Axis Bank falls under unfair trade practices and false representation as defined in The Consumer Protection Act, 2019, Sections 18, 20, and 21​.
  2. Procedural Irregularities – The absence of a fair trial process violates principles of natural justice. As per The Bharatiya Sakshya Adhiniyam, 2023, you are entitled to a fair opportunity to present your evidence and arguments​.
  3. Appeal and Review Mechanism – You may challenge the judgment under Section 41 and 51 of The Consumer Protection Act, 2019, which allow appeals to the State Consumer Disputes Redressal Commission and further to the National Commission, if required​.

Actions, you can take:

  1. File an Appeal with the State Commission: Given the procedural lapses, you have strong grounds to appeal the decision. The State Commission can:
  2. Health and Travel Issues: If health problems prevent you from appearing physically in court, you can:
    • Request video conferencing for the appeal process, which is permitted under **Bharatiya Nagarik Suraksha Sanhita, 2023, Chapter II, Section 2 (a)**​.
    • Authorize a legal representative to appear on your behalf.
  3. Focus on Evidence Submission: Ensure you submit:
    • All documents, including MaxLife annual statements and communications showing the misrepresentation.
    • Medical certificates and health records to explain your absence and difficulties.

Given the complexity and your health constraints, you may hire an experienced consumer law advocate to represent you in the appeal. Legal representation can strengthen your case and handle procedural formalities.

If still need help, reply to us.