DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.311/2009
Sh. Sushil Kumar
F-69, Hari Nagar Extension,
Saurav Vihar Jaitpur Road
Badarpur
New Delhi-110044 ….Complainant
Versus
ICICI Bank Limited
(through its Manager)
N.B.C.C. Building
Lodhi Road, New Delhi ……Opposite Party
Date of Institution : 02.04.09 Date of Order : 22.01.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The case of the Complainant, in brief, is that the OP malafidely and illegally deducted an amount of Rs.1,34,210.63 paise from his saving account No.000701045181. On 28.02.09, he was shocked and surprised to know that a cheque issued by him in favour of LIC of India for depositing his LIC premium was dishonoured. He visited the OP on 02.03.09 to enquire about the matter. The OP’s employee Mr. Amol Gautam informed him that on 31.01.09 an amount of Rs.1,03,305.50 and on 12.02.09 Rs.30,905.13 were debited against the credit card No.377041382009008 and no sufficient funds were available in his account. The Complainant has stated that he was not having any credit card in his name and the credit card was in the name of one Mr. Sushil Kumar S/o Smt. Anguri Devi at Gol Market. The OP further assured him that within two days the deducted amount will be credited in his account. He wrote a letter to the Branch Manager on 09.03.09 but the OP did not take any action for redressal of his grievance. He lodged a complaint with the police vide diary No. D-1275/09 dated 16.03.09. He again filed a complaint on 17.03.09 with the Credit Card Division at Rohini wherein the staff of the Credit Card Division accepted the application but refused to give the receiving of the same. Thereafter, he gave another application dated 19.03.09 to issue the bill and detail of the debited amount. The application was received by the OP who assured him that needful will be done on urgent basis. He also filed an application before the Ombudsman, RBI at Parliament Street on 20.03.2009. He again visited the Credit Card Division of OP on 24.03.09 wherein Mr. Saurav Ganguly met him and stated that his money will be refunded from Bangalore and it will take 10 days to process the same. He again sent a letter dated 24.03.09 to the Sr. General Manager of OP at Mumbai by registered post to request to take immediate action. He again visited on 28.03.09 to explain his case. His wife also made a representation before DBS, RBI, Parliament Street for necessary action. As no reply was received he left with no other option but to approach this forum for redressal of his grievance. Hence, pleading deficiency in service, complainant has prayed as under:-
- To hold the Opposite Party guilty for deficiency in service for deducting the amount of Rs. 1,34,210.63p from the account of the complainant and,
- Direct the OP to refund Rs.1,34,210.63p illegally deducted from the account of the Complainant alognwith interest @ 36% from the date of deduction of the said amount to the date of actual refund,
- Direct the OP to pay the penalty of Rs.2,64,421.26 (double of the amount deducted against the alleged credit card due) as per RBI guidelines for raising the bill against unsolicited credit card and illegally deducting the same,
- Direct the OP to pay a sum of Rs.50,000/- for deficiency in service resulting in mental and physical harassment and agony to the Complainant,
- Direct the OP to pay a sum of Rs.18,000/- as litigation cost.
OP in the written statement has stated that the Complainant has concealed the material fact as the amount in question was inadvertently debited from the account of the Complainant and a sum of Rs.1,34,210.63 already stands credited in the account of the Complainant on 29.05.09.
In the rejoinder, complainant has stated that the OP has credited the said amount in his bank account without any interest after receiving the notice of the complaint from this Forum on 29.5.2009.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Sanjay Sharma, Senior Manager (Legal) has been filed in evidence on behalf of OP.
Written arguments have been filed on behalf of the parties. We have heard the arguments on behalf of the parties and have also gone through the record very carefully.
An amount of Rs.1,03,305.50 was deducted from the saving bank account of Complainant on 31.01.2009 and again on 12.02.2009 Rs. 30,905.13 was deducted from his saving bank account illegally and malafidely. The OP was informed about this fact but the officials of the OP did not credit the said amount to the bank account of the complainant despite the complainant’s writing several letters and making representation to them. Ultimately, the complainant had to file the present complaint on 02.4.09 before this Forum. The OP, after receiving the notice, credited the amount in the saving bank account of the complainant on 29.5.09.
In dealing with the complaint of the complainant, the officials of the OP Bank had acted in highly callousness manner and showed an all together unrequired and indifferent attitude without caring of the fact that a large amount had been withdrawn from the saving bank account of the complainant due to which the cheque issued by the complainant in favour of LIC of India for depositing his LIC premium has also been bounced. The officials of the OP did not bother for the complaints filed by the complainant and, ultimately, credited the amount in question in the bank account of the complainant only after filing of the present complaint. Therefore, we hold the OP guilty of gross deficiency in service.
Therefore, we allow the complaint and direct the OP to pay a sum of Rs.40,000/- (Rupees Forty Thousand Only) as compensation for harassment and mental agony undergone by the Complainant including cost of litigation within one month from the date of receipt of this order failing which OP shall be liable to pay the said amount to the Complainant alongwith interest @ 6% p.a. from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 22.01.2016
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 311/09
22.1.16
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to pay a sum of Rs.40,000/- (Rupees Forty Thousand Only) as compensation for harassment and mental agony undergone by the Complainant including cost of litigation within one month from the date of receipt of this order failing which OP shall be liable to pay the said amount to the Complainant alongwith interest @ 6% p.a. from the date of filing of the complaint till realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
