- Rashida Bano,
Tiljala Lane, Kolkata-19. _________ Complainant
____Versus____
- ICICI Bank Ltd.,
AJC Bose Road Branch,
8, AJC Bose Road,
P.S. Shakespeare Sarani, Kolkata-17.
- The Branch Manager,
ICICI Bank Ltd.,
AJC Bose Road Branch,
8, AJC Bose Road,
P.S. Shakespeare Sarani, Kolkata-17. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 16 Dated 20-08-2014.
The case of the complainant in short is that o.p. no.1 is a banking company registered under the Companies Act, 1956 and is engaged in providing banking services through its branches spread all over India and also from the branch situated at AJC Bose Road Branch, 8, AJC Bose Road, P.S. Shakespeare Sarani, within the jurisdiction of this Learned Forum.
Complainant further states that o.p. no.2 is the Branch Manager is responsible for day to day affairs of o.p. no.1.
Complainant states that complainant has hired the services of o.ps. by investing Rs.45,000/- in Fixed Deposit A/C of o.ps. and paid service charges for the services rendered by o.ps.
During process of convincing, the said Mr. Subhadri Pramanik induced the complainant to open a Regular Saving Account with ICICI Bank and to make a Fixed Deposits for a sum more than of Rs.10,000/- against which the bank offered a lavish rate of interest. The said representative of the o.p. bank also made representations and assurances regarding safety and security valuable money of the complainant in custody of o.ps. bank.
Pursuant to the representation made by the said Mr. Subhadri Pramanik, the complaiant was made to convince regarding the lavish rate of interest being offered by o.ps. bank, Branch as well as the safety and security of her valuable money, the complainant has opened a Regular Saving Account bearing no.0113.SL.NEWACB with ICICI Bank, AJC Bose Road Branch situated at 8, AJC Bose Road, Kolkata-17 with an intention to avail the services of o.p. bank for saving her valuable money.
On 22.8.11 the complainant has deposited a sum of Rs.45,000/- in cash with a view to make a
Fixed Deposit of the same and accordingly a PAY-IN SLIP was issued to the complainant by the said Branch. After observing all formalities the complaiant was sent a letter dt.25.8.11 containing a cheque book bearing a permanent A/C No.129301000542.
On 25.8.11 the complainant deposited a sum of Rs.10,000/- in her account in order to regularize her account.
On 24.9.11 the complainant again deposited a sum of Rs.35,000/- in her account in terms of the instructions given by the said Subhadri Pramanik and the Branch Manager and then again inquired about the status of the Fixed Deposit, but again the complainant was not given any satisfactorily reply.
Complainant further states that finding no other alternative the complainant sent a notice dt.20.7.12 through her ld. advocate where in the said ld. advocate on behalf of the complainant asked the o.ps. to pay the amount of fixed deposit along with compensation for mental agony, harassment and humiliation. Despite of the receipt of the said notice o.ps. neglected and refused to redress the grievance of the complainant, hence, the instant consumer dispute is being preferred before this Ld. Forum.
Decision with reasons:
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. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
The contention of the complainant is that she deposited Rs.45,000/- in her S.B. A/C and Rs.45,000/- for fixed deposit. It is banking norms that one is required to deposit amount in S.B. A/C and there from F.D. is being prepared. On careful scrutiny of the entire materials on record we find that complainant deposited only Rs.45,000/- in her S.B. A/C which she withdrew. Now complainant is praying for all the amount for fixed deposit of Rs.45,000/-.
Fact remains that no sum was actually deposited towards the F.D. A/C. In total complainant deposited Rs.45,000/- in S.B. A/C. Therefore, the prayer for refund of Rs.45,000/- towards F.D. A/C does not arise.
In view of the findings above, we find and hold that complainant has failed to substantiated and proved her case and is not entitled to relief.
Hence, ordered,
That the case stands dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
