Haryana

StateCommission

A/379/2013

ICICI Bank Limited - Complainant(s)

Versus

Budh Ram - Opp.Party(s)

21 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                        First Appeal No.379 of 2013

Date of Institution: 06.06.2013                                                              Date of Decision: 21.03.2016

 

ICICI Bank Limited, Ist Floor, 9-A, Phelps Building, Connaught Place, New Delhi-110001 through its Branch Manager (filed through Shri Jeewan Garg, Manager, legal)

…..Appellant

Versus

1.      Budh Ram, S/o Sh.Balwan aged about 39 years, R/o C/o Sh.Bhagat Gali No.1, Jai Vihar,Rajendra Park, Bajghera Road,Gurgaon.

2.      Oriental Bank of Commerce, SCF-62, Sector 17, Gurgaon through its Branch Manager.

                                      …..Respondents

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                             Mrs. Urvashi Agnihotri, Member.                                                                                                                                        

Present:              Shri Puneet Tuli proxy counsel for Mr.Sandeep Suri,   Advocate counsel for appellant.

                             None for the respondent No.1.

                   Shri A.S.Gill, Advocate counsel for the respondent No.2.  

 

                                                   O R D E R

R.K.BISHNOI, JUDICIAL MEMBER:-

It was alleged by the complainant that he was having bank account No.SB/GEN/300603 with opposite party (O.P.) No.1/respondent No.2 and was getting salary from his employer through this account.  In the month of May 2005 he obtained loan of Rs.40,000/- from O.P./No.1 and was repaying the same with the monthly installment of Rs.1500/-.   On 13.09.2006 his documents consisting I-card, employee I-card, bank pass book, four photos, ration card, etc. were misplaced and he approached the area police to register the FIR, but, was asked to get an affidavit prepared in this context. On 14.09.2006 he submitted affidavit with the police.  His advocate sent notice under section 138 of Negotiable Instrument Act of 1881 (in short “Act”) dated 12.10.2007 wherein it was mentioned that he took loan from O.P.No.2/appellant against loan No.LIGUR00008196032 to be returned in monthly instalments.  It was also mentioned in the notice that he issued cheque No.988930 dated 21.09.2007 for Rs.8118/- drawn on Oriental Bank of Commerce HUDA office Sector 14 Gurgaon, (In short “ OBC”), but, the same was dishonoured with the remarks “refer to drawer”. He never obtained any loan from O.P.No.2 so there was no question of issuing aforesaid cheque.  He immediately approached O.P.No.1 about the said cheque, but, no satisfactory reply was given.  When he got his pass-book completed it was revealed that amount of Rs.23364/- was credited to his account on 19.10.2006 and on 30.10.2006 amount of Rs.19000/- were debited through cheque.  Rs.1353/- were debited on 06.09.2007 and thereafter the same amount was also debited on 09.04.2007.  These withdrawals were through cheques in favour of O.P.No.2 and FCS respectively.  He informed O.P.No.1 that the loan was never obtained in the month of September 2006 from any bank and he did not  issue any cheque in favour of any person, but, no satisfactory reply was given.   The cheque book obtained by O.P.No.1 was never used. Lateron O.P.No.1 issued cheque book in his name by fraud and misrepresentation qua loan alleged to be obtained from O.P.No.2.  It was result of fraud and misrepresentation and the amount was wrongly debited from his account. So O.ps. be directed to refund Rs.1353/- debited on 09.04.2006 and Rs.1353/- debited on 06.09.2007 total amounting to Rs.2706/- alongwith the interest and compensation qua mental harassment etc.

2.      As O.ps. were proceeded ex parte, so no reply was filed on their behalf.

3.      After hearing complainant’s counsel, learned District Consumer Disputes Redressal Forum,  Gurgaon (In short “District Forum”) allowed the complaint vide impugned order dated 21.03.2013 and directed as under:-

“Thus O.P.No.2 is directed to refund the amount of Rs.1353 x 3=Rs/4059/- or any further amount till date in favour of complainant with interest @ 9% p.a. from the date of respective withdrawals till realization and the O.P.No.1 is directed not to draw any amount of the instrument/cheque sent to it by O.P.No.2 for eacashment or debiting from his account.  O.P.No.2 has harassed the complainant causing great mental agony. Thus, he is entitled to compensation of Rs.10,000/- with litigation expenses of Rs.5,000/-.”

4.      Feeling aggrieved therefrom O.P.No.2 has preferred this appeal.

5.      Arguments of counsel for the appellant and respondent No.2 were heard because nobody has appeared on behalf of respondent No.1-complainant despite service.

6.      As per documents available on the file it is clear that the complainant obtained loan from O.P.No.1 and was repaying the same  in monthly installments.  As per his version pass-book etc. were lost on 13.09.2006 but even thereafter he was withdrawing amount and was depositing the same which is clear from the perusal of pass-book Ex.C-1.    As per this pass-book he was operating this account upto February 2008.  If he did not obtain loan then why he was withdrawing and depositing amount in this account. The complainant has miserably failed to show that the cheques issued by him were not bearing his signatures. If some fraud was played then whey he did not get a criminal case registered about this fact.  Fraud is not only to be specifically pleaded, but, is also to be proved as well.  Learned District Forum failed to take into consideration all these aspects. When it is no-where proved that any fraud has been played with him, O.P.No.2 cannot be directed to refund the same.  Impugned order dated 21.03.2013 is altogether against law and facts and cannot be sustained.  Resultantly, the same is hereby set aside.  Complaint is dismissed and appeal is allowed.

7.      The statutory amount of Rs.25,000/-  deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules.

 

March 21st, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.