In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 308 / 2010.
1) Sri Nripendra Nath Mondal,
P.O. Italgacha, Kolkata-700079. ---------- Complainant
---Versus---
1) Chief Manager, ICICI Bank Ltd.,
36, Chowringee Road, Kolkata-700071.
2) Mr. Mahiuddin Amari, Branch Manager, ICICI Bank Ltd.,
Mumbai Branch, Free Press House,
215, Nariman Point, Tower-II, 3rd Floor, (International Infotech Park). ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 1 9 Dated 2 7 / 0 3 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Shri Nripendra Nath Mondal against the o.ps. ICICI Bank Ltd. The case of the complainant in short is that complainant fixed Rs.2,50,000/- with quarterly interest basis with o.ps. on 30.12.08 scheduled to be matured on 29.6.11. On 19.1.09 complainant underwent serious heart attack and for his treatment he requested the o.ps. on 20.1.09 to refund full amount before maturity with usual terms and conditions. But o.ps. refused to accept the prayer of the complainant. After three months complainant a statement of account from o.ps. reflecting refund of the full amount after deduction of Rs.7089.55 from the principal amount. Complainant agitated that he would get three months interest on Rs.2,50,000/- i.e. bank is liable to pay Rs.7089.55 to complainant with interest. for recovery of the amount complainant sent ld. advocate’s letter on 9.12.09 but no amount of interest was paid to complainant by o.p. as prayed for. Hence, the case.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. The dispute centres around as regards admissibility of the interest payable to complainant as prayed for in the petition of complaint. It is evident from the record that complainant fixed Rs.2,50,000/- with quarterly interest facilities. It is admitted fact that o.ps. refunded Rs.2,42,910.45 after deducting Rs.7089.55. This action on the part of o.ps. is not sustainable as per baking rules and norms. The amount accrued towards interest over Rs.2,50,000/- that could have been deducted by o.p. for pre-mature withdrawal together with extending interest as per savings banks rate of interest along with total principal amount of Rs.2,50,000/-. Now we find despite knowing the awkward situation of the complainant i.e. attack of severe heart disease, o.ps. deducted Rs.7089.55 from the principal amount of Rs.2,50,000/- which is not acceptable and sustainable at all. O.ps. ought to have refund total fixed amount of Rs.2,50,000/- plus the amount accrued interest @ savings bank which o.ps. did not do and for such reason we hold that o.ps. had some deficiencies on their part being service provider to their consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.ps. with cost. O.ps. are jointly and severally directed to pay to the complainant a sum of Rs.7089.55 (Rupees seven thousand eighty nine and paise fifty five) only together with interest @ 9% p.a. from the date of deduction till the date of realization and are further directed to pay interest as per savings bank rate over the total sum of Rs.2,50,000/- from the date of deduction till the date of realization and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
