BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 2 of 2014

                        Mrs. Susan Sinha,

                        W/O Lt. Tushar Kanti Sinha……………………………          Complainant.     

                                                                        -V/S-

                 1.    CMD, ICICI Bank,

                        Head Office, Bandra Kurla Complex, Mumbai-400051.              O.P No.1.

                 2.    Regional Manager, Zonal Office,

                        ICICI Bank, Regional Office, Fancy Bazar, Guwahari-1.           O.P No.2.

                 3.    Mr. Biraj Goswami,

                        Branch Manager, ICICI Bank.                                                       O.P No.3.

                4.     Mr. Monojit Paul,

                        Cluster Branch Managaer, ICICI Bank

                        (Retail Banking Group).                                                                   O.P No.4.

               5.      Mr. Abhijit Roy, Privilege Banker, ICICI Bank

                        All posted at Silchar Branch, Girija Bhawan,

                        N.S. Avenue, Silchar-5.                                                                     O.P No.5.

Present: -                                Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

Mrs. Chandana Purkayastha,                      Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -                Mrs. Shikharini Bhadra, Advocate for the complainant.

Mr. A.S. Mitra, Advocate for the O.Ps.

                                                 Date of Evidence                                          16-10-2014, 26-02-2015

                         Date of written argument                            04-08-2015

                         Date of oral argument                                 05-05-2017, 21-11-2017                    

                         Date of judgment                                         06-02-2018

                   JUDGMENT AND ORDER

                  Sri Bishnu Debnath,

1. Dr. Tushar Kanti Singha (now deceased) through his Power of Attorney holder Smti. Shibani Dhar brought a Complaint under the provision of the Consumer protection Act 1986 against the ICICI Bank Management and its selective officers including Mr. Abhijit Roy, the Previlage Manager, Silchar Branch for award of Compensation of Rs.5,00,000/- (Five Lakhs) for disservice, mental agony and cost of proceeding.

    

2. Brief facts:-   Dr. Tushar Kanti Sinha was resident of U.K. For keeping money separately for meeting the expenditure of re-modification of     his ancestral property opened 2 (two) Bank Account at ICICI Bank, Silchar Branch vide No. NRE-061901000080 and No. NRO- 061901075038. Accordingly, transferred Rs.30,00,000/- approximately from Jadarpur Branch of ICICI Bank.

3. In the month of July,2013 Dr. Tushar Kanti Sinha to transfer Rs.5,00,000/- to his Sister Mrs. Shibani Dhar’s Bank account through online banking service for construction expenditure purpose of his ancestral property but ICICI Bank Silchar Branch did not allow to transfer the said amount. Accordingly, Shibani Dhar personally met the Branch Manager and other officer of bank but is vain. Ultimately as per instruction of O.P No.5 Mr. Abhijit Roy, Shibani Dhar give transactional password on 27-08-2013 and then the said O.P informed that due to technical fault the complainant was unable to help by the bank. Thereafter, many correspondences made and on 09-09-2013 the O.P No.5 forwarded an e-mail. In that e-mail it was written ‘please do the transfer for blow Rs.5,00,000/- as there are some charges for fund transfer and your maximum limit in a day is Rs.5,00,000/-(Rupees five lac) only including all charges.’ Of course, on 19-01-2014, the complainant got activated new password.

4. Ultimately, on 15-10-2013 the legal notice served to the O.Ps for negligence and dissatisfactory work toward the complainant.

5. The O.P No.1 to 4 in their joint W/S stated denied all allegation of negligence and disservices, rather stated that the complainant Dr. Tushar Kanti Sinha attempted to transfer Rs.5,00,000/- to his sister’s account at Central Bankthrough online transfer but online transfer did not take place due to some technical error because he was restricted from doing so as the maximum limit which the complaint was able to transfer was up to Rs.5,00,000/- on a day including all charges. Accordingly, the complainant was advised to transfer an amount less than RS.5,00,000/- , but the complainant did not do so, rather brought the instant case. It is further stated that on perusal of statement of account of the complainant NRE and NRO Account. It is transpired that the complainant had successfully transferred an amount of Rs.4,00,000/- on 25-10-2013 and Rs.4,00,000/- on 01-11-2013 and Rs.4,00,000/- on 08-11-2013 from his NRE Account to his NRO Account. This clearly shows that the online internet banking facility is available by the complainant.

6. During hearing the power of attorney holder deposed as P.W and exhibited some documents including screen shot, e-mail correspondence and power of attorney. The contesting O.Ps also examined Puja Kumari, the Deputy Manager of ICICI Bank.

7. After closing evidence both sides’ counsels submitted written argument. I have heard both sides’ counsels and perused the evidence on record including written argument.The bank statement for the period from 25-10-2013 to 08-11-2013 was called for, in view of order dated 21-12-2017. Accordingly, ICICI bank, Silchar Branch furnished the statement. As per the said statement it is revealed that on 01-11-2013 Dr. Tushar Kanti Sinha made internet fund transferred from his NRE A/C No. 061901075038 of Rs.4,00,000/- to the link A/C No.000018454775 and on 08-11-2013 made internet fund transferred of Rs.4,00,000/- to link A/C No.000018518641.

8. Anyhow, the main allegation of the complainant is that he did not able to avail internet facility to his Bank Account vide No. NRO- 061901075038 and Account No. NRE A/C No. 061901000080 to transferred Rs.5,00,000/- in a day in a single transaction. For which on being aggrieved brought this instant case. However, other allegation such as changing the transaction password etc. by the bank are not at all disservice rather it is needed for the sake of security measure. Once a transaction password of bank internet transaction is disclosed to other, it is advisable to change the same. That is why, the bank authority when collected transaction password from Smti Shibani Dhar to check the technicalities of the internet facility, it is their honest duty to change the password immediately after coming out from the internet profile of the complainant and it is advisable to the complainant to change again the activated password as early as possible for the sake of security measure. Therefore, in that aspect I do not find any disservice or deficiency of service from the bank.

9. However, the bank after entering into profile page of the complainant to the aforesaid account learnt that maximum transaction limit was Rs.5,00,000/- per day including charges. That is why from the earliest opportunity informed the complainant that transfer less amount then Rs.5,00,000/- because the amount Rs.5,00,000/- could not be transferred because of adding of changes of transaction. But the complainant did not inform the O.P as whether he tried to transfer less then Rs.5,00,000/- and fail, rather brought the instant case. But the O.P by producing the bank statement made it clear to this District Forum that internet banking service facility is available to the aforesaid bank account and accordingly it is transpired from the bank statement that on 01-11-2013 and on 08-11-2013 he transferred Rs.4,00,000/- each time through internet fund transfer.

10. That is why, in our considered view there is no disservice on the part of the O.P-Bank to the complainant rather did not follow the instruction and limitation fixed by him in his profile page of bank account.

11. Therefore, I am declined to award any relief to the complainant. Accordingly, this case is dismissed on contest. Supply free certified copy of judgment to the parties immediately. Given under my hand and seal of this District Forum on this the 6^th day of February,2018