Punjab

Moga

CC/15/145

Devinder Singh Saran - Complainant(s)

Versus

ICICI Bank Ltd. - Opp.Party(s)

Sh.Vinay Kashyap

12 Jul 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                     C.C. No. 145 of 2015

                                                              Instituted on: 22.12.2015

                                                 Decided on: 12.07.2016

 

Devinder Singh Saran (aged about 59 years) son of Sh. Surjit Singh son of Sh.Jagir Singh, resident of Village Kalia Wala, Tehsil & District Moga (Punjab) at present resident of House No. 838, Apex Colony, Dosanj Road, Moga, District Moga.

                                                                             ……….   Complainant 

Versus

 

ICICI Bank Limited, through its Branch Manager, Improvement Trust Complex, Near District Courts, Moga-Ferozepur Road, Moga, District Moga.

                                                                           ………. Opposite Party

 

 

Complaint under Section 12 of the Consumer Protection Act, 1986.

 

 

 

Quorum:   Sh. Ajit Aggarwal, President

                   Smt. Bhupinder Kaur, Member

Present:       Sh. Vinay Kashyap, Advocate Cl. for complainant.

                   Sh. Ajay Gulati, Advocate Cl. for opposite party.

 

ORDER :

(Per Ajit Aggarwal, President)

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986  (hereinafter referred to as the 'Act') against ICICI Bank Limited, through its Branch Manager, Improvement Trust Complex, Near District Courts, Moga-Ferozepur Road, Moga, District Moga (hereinafter referred to as the opposite party) for directing them to credit the amount so debited in the account of the complainant wrongly and illegally alongwith interest from the date of its debit till realization. Further OP may be directed to pay Rs. 2,00,000/- as compensation for causing him mental tension and harassment besides Rs.10,000/- as costs of litigation or any other relief which this Forum may deem fit and proper be awarded to the complainant.

2.                Briefly stated, the facts of the case are that complainant had bank account bearing no. 023701075719 with opposite party for the last so many years. The complainant is residing in Canada and earlier he came to India in the year 2011 and thereafter in March, 2015 and the complainant came to know in the month of March, 2015 that there are some transfer debit entries made by the opposite party in his account on 7.7.2012, 6.8.2012, 9.8.2012, 11.8.2012 and 17.8.2012 and amount of Rs. 15 lacs was debited in his account by transfer. There are some other debit entries in the account of complainant upto 24.7.2015. From the copy of statement issued by OP, the complainant enquired and compared all the debit entries with his own record and found that an amount of Rs. 15 lacs was not withdrawn or transferred by him from 7.7.2012 to 17.8.2012 nor the complainant ever issued any cheque of this amount in favour of anybody. The complainant approached to OP in the month of April, 2015 and Branch Manager of OP assured the complainant that he will enquire the matter and also assured that the amount will be credited in the account, if the same has not been withdrawn by the complainant. Thereafter, complainant went to abroad on the assurance of Branch Manager of OP. The complainant again came to India in connection with murder case of his real brother and again approached to OP and enquired about the said entries. Branch Manager of OP again assured the complainant that the said amount will be credited in the account, whenever they receive the necessary sanction from their head office, but the OP has not explained the detail of debit entire in his account. The complainant made repeated requests to OP to credit the aforesaid amount in the account of the complainant, which the OP wrongly debited, but the OP did not pay any heed to the request of the complainant. The wrong debit entries in the account of the complainant made by OP amounts to deficiency and unfair trace practice on the part of OP. Due to the aforesaid illegal and unwarranted acts of the OP, the complainant has suffered huge mental tension and agony. Hence this complaint.

3.                Upon notice, OP appeared through his counsel and filed written reply taking certain preliminary objections, inter alia, that the complaint is not maintainable; that the matter in question involves a complex nature and intricate questions and disputed question of facts and law, which required examination of parties as witnesses, admission and denials, scrutiny of documents and voluminous documents and elaborate oral evidence for the adjudication of dispute matter and this Forum having limited jurisdiction, has no jurisdiction to try and entertain the present dispute; that the complaint is time barred. The disputed debit and credit entries in question pertains to the year 2012, which were fully in the knowledge of complainant. The monthly statement of NRO (Non Resident Ordinary) account of the complainant is being supplied/delivered automatically and digitally as per rules of the OP bank to the complainant through his e-mail account mentioned/registered with his address mentioned in his above said NRO account bearing no.023701075719. The complainant never complained either orally or in written form to the OP bank about the correctness of the disputed debit or credit entries in question and as such said old entries made in good faith in his account are presumed to be correct in the absence of any complaint or objection made by the complainant; that the complainant is estopped to file the present complaint by his own act and conduct. After the alleged dispute entries made in the year 2012, the complainant operated his account for 23 times and he did not raise any doubt about the correctness of the said disputed entries in his account. Moreover, out of disputed entries, the debit entry dated 7.7.2012 for Rs. 5,00,000/- was credited in the account no. 023701076158 of Gurmeet Sran i.e. real brother of complainant and the said amount was withdrawn by said Gurmeet Sran on the same day and the complainant did not take any action against his abovesaid brother. His brother Gurmeet Sran also never disputed the said credit entry of Rs. 5 lac in his own account. Out of disputed entries dated 9.8.2012, 11.8.2012 and 17.8.2012 for Rs.2,00,000/-, Rs.2,00,000/- and Rs.4,00,000/- respectively were credited in the account bearing no.659901500380 of Sanjeev Kumar and as per record available with the OP Rs.7,00,000/- were transferred by said Sanjeev Kumar to some foreign bank account through ING VYSYA Bank Ltd. on dated 17.8.2012 itself. After dated 17.8.2012 as per the statement of said account of the complainant on dated 8.10.2012 amount of Rs.20,000/- was transferred in the account no.023701515019 of Bikkar Singh through cheque no.837238 which is out of the same series of cheques which the complainant is disputing vide present complaint. It has been further submitted that complainant had obtained his statement of accounts on demand and he was charged for providing said service by the opposite party bank vide debit entry dated 18.3.2013 for Rs.112.36 NP. All the said entries, circumstances and conduct of the complainant shows that the complainant was well within his knowledge about all the abovesaid debit/credit entries for which, he never raised any doubt earlier. All the debit/credit entries in dispute were made by the opposite party bank under good frith upon having instructions from the complainant either through his duly signed cheques or vouchers etc. Further submitted that as per the banking practice, the banks used to honour or dishonour the Negotiable Instruments/cheques etc. for making any transfer of the amount from or to any account of the customer after verifying the signatures of the customers, irrespective of the fact that who present the said negotiable instruments/cheques, vouchers etc for the said transfer or withdrawal etc. On merits, all others allegations made in the complaint have been denied.

4.                In order to prove the case, complainant Devinder Singh Saran tendered in evidence his affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex. C-10 and closed the evidence. 

5.                In rebuttal, the opposite parties tendered in evidence duly sworn affidavit of Sh. Anikate Sood, Deputy Branch Manager, ICICI Bank Ltd. Ex.OP-1 and copies of documents Ex. OP-2 to Ex. OP-7 and closed the evidence.

6.                We have heard the learned counsel for the parties and have very carefully gone through record placed on file.

7.                Ld Counsel for complainant vehemently argued that complainant resides in Canada and he has an account with OP bank. He visited his homeland in 2011 and thereafter in 2015 and in March, 2015 complainant came to know that OP bank made some debit entries from his account on 7.07.2012, 6.08.2012, 9.08.2012, 11.08.2012 and 17.08.2012 and an amount of Rs15 lacs has been debited by OP from his account. Some debit entries upto 24.07.2015 also came to his notice through account statement issued by OP. Complainant enquired about it and compared all the debit entries with his own record and found that he neither transferred huge amount of Rs. 15 lacs from his account from 7.07.2012 to 17.08.2012 nor issued any cheque of this amount to any body. in April 2015, complainant complained about this fact to OP , who assured of crediting the same in his account if this amount is not withdrawn by him. Thereafter, complainant went abroad and now, he is again in India in respect of murder case of his brother. Complainant again approached OP and enquired about said entries and on this Branch Manager assured him that said amount would be credited to his account, but till now, OP has not explained about the detail of debit entries made by them. This action of debiting the account of complainant is quite wrong and amounts to deficiency in service and trade mal practice and has caused huge harassment to complainant and made him suffer mental agony. Prayer for accepting the complaint is made. Ld counsel for complainant has stressed on documents Ex C-1 to 10.

8.                To controvert the allegations of ld counsel for complainant, ld counsel for OPs asserted that complicated questions of law and facts are involved in present case, which cannot be decided in summary proceedings and this Forum has no jurisdiction to hear and try the present complaint, therefore, it is not maintainable in this Forum. Moreover, complaint filed by complainant is time barred as disputed entries pertain to year 2012 and complaint is aware of this as monthly statement of NRO account is being supplied to him as per rules and regulations to e-mail account of complainant. No oral or written complaint is ever made by complainant regarding disputed debit or credit entries. After said disputed entries of 2012, complainant operated his account for about 23, times but he never raised any doubt about this. About one of the disputed debit entry dt 7.07.2012 for Rs.5,00,000/-, it is averred that this amount of Rs.5,00,000/-was duly credited to the account of brother of complainant namely Gurmeet Sran and said amount was withdrawn by him on same day and complainant did not take any action against his brother till now nor his brother ever disputed about credit of this entry of Rs.5,00,000/-to his account. Debit entries dt 9.08.2012, 11.08.2012 and 17.08.2012 for Rs.2,00,000/-, Rs.2,00,000/- and 4,00,000/-respectively were credited in the account no 659901500380 of Sanjeev Kumar and as per record of OP, said Sanjeev Kumar transferred Rs7,00,000/-to some foreign bank account through ING VYSYA Bank Ltd on 17.08.2012 itself. It is further averred that as per account statement of complainant, amount of Rs.20,000/- was transferred in the account of Bikkar Singh through cheque no. 837238, which is out of same series of cheques, which complainant has challenged through instant complaint. Earlier complainant never disputed the correctness of these entries and now, he has raised objection after a long span of more than four years. There is no deficiency in service on the part of Ops. It is further averred that complainant obtained his account statement on demand and he was charged Rs112.36p for this vide debit entry dt 18.03.2013. All the entries were well within the knowledge of complainant and he never raised any doubt regarding any debit or credit entry. Moreover, OP made every entry of debit or credit only on instructions of complainant either through his duly signed cheques or vouchers. All the other allegations levelled by complainant are totally refuted with a prayer to dismiss the complaint.

9.                We have heard the ld counsel for complainant as well as OPs and have duly gone through the record available on the file.

10.              The case of the complainant is that he has an account with OP bank and he resides in Canada. He visited India in 2011 and then in 2015 and in 2015, it came to his notice that amount of Rs.15 lacs has been withdrawn from his account through some wrong debit entries. Complainant compared the account statement given by OP with his own record and found that during the period from 7.07.2012 to 7.08.2012, he had not made any withdrawal nor gave any cheque of amount in question in favour of any body. Complainant complained about this fact to OP, who assured him of crediting the same if complainant has not made any withdrawal from his account, but till date, OP has not redressed his grief. In reply, OP submitted that all the entries of debit or credit were in the knowledge of complainant. After alleged disputed debit entries of 2012, complainant has operated his account for about 23 times. He never raised any objection or any doubt earlier. All the disputed entries pertain to year 2012, but he never raised any objection or any doubt earlier.  No oral or written complaint was ever made by complainant earlier. It is further averred that all the banking transactions are made only at the instructions of complainant against his duly signed cheques and vouchers. Ld counsel for OP brought before the Forum that disputed entry dt 7.07.2012 for Rs5,00,000/-was made for crediting the said amount to the account of Gurmeet Sran, who was the real brother of complainant and complainant never took  any action against him. Debit entries for amount of Rs2,00,000/-, Rs.2,00,000/- and  Rs.4,00,000/-lacs on dates 9.08.2012, 11.08.2012 and 17.08.2012 respectively were done to credit the account of one Sanjeev Kumar who transferred this total amount of Rs 8 lacs to some foreign bank on 17.08.2012. Moreover, as per account statement of complainant, amount of Rs20,000,/-were credited to the account of one Bikkar Singh by debiting the account of complainant through negotiable instrument cheque, but complainant never raised any dispute over this.  All the disputed debit or credit entries belong to year 2012 and these are in full knowledge of complainant. It is further averred that as per banking practice, the banks honour or dishonour the Negotiable Instruments/cheques for making any transfer from account of  complainant after verifying the signatures irrespective of the fact that who presents such cheques or vouchers for transfer or withdrawal. It is reiterated that there is no deficiency in service on the part of OP and prayer for dismissal of complaint is made.

11.              We have thoroughly gone through the file and record. The case of the complainant is that in the month of July, August, 2012 there are 5 debit entries in his account vide which Rs.15 lacs have been transferred from his account and he have never issued instructions regarding these entries to the Bank. From the perusal of statement of account, it is transpired that these entries are made by the Bank against the cheques duly singed by complainant out of cheque book issued to him by Bank. Moreover, the Ops have given full detail of the persons in whose accounts these amounts have been transferred out of which one is Mr Gurmeet Sran, who is the real brother of complainant and a transfer entry of Rs 5 lacs was made in his account and other entries are also made against the cheques issued by the complainant. Moreover, later the complainant also made transactions on the basis of the cheques of same series out of same cheque book against whom the disputes entries are made. The complainant did not disclose that how these cheques duly singed by him came into the possession of persons who presented these cheques with the Bank. The entire complaint is silent with this regard. Moreover, till today, complainant did not take any action against the person in whose account this amount is credited. Even he did not implead these persons as party in the present complaint, who are the ultimate beneficiaries. All these entries are transferred in the account of other persons the detail regarding which is given by OP. From these transfer entries the OP bank have not got any monitory benefit. The  benefit of these entries is taken by persons in whose account the amount in question is credited, but the complainant did not take any action against them and this is very strange. The only duty of Bank is to honour the cheque or other Negotiable Instruments issued by the account holder which are duly signed by him after verifying his signatures with Bank record, which is done by OP in this case. Moreover,  these entries are related to period July-August 2012 and complainant has filed the present complaint with this Forum on 22.12.2015 i.e after about 3 ½ years. The pleading of the complaint is that he came to know about these entries in March, 2015 whereas  OP argued that they supplied statement of account to complainant every month through his e-mail account registered with them, which is duly mentioned on the account statement. Moreover, the complainant took copy of account statement from OP Bank on 18.03.2013 for which bank charged Rs112/- from him. If it is presumed that no account statement is sent to complainant through e-mail then, atleast on 18.03.2013, when he got his statement of account, it might have come to his knowledge about these disputed entries, but he did not make any objection regarding these entries at that time. Moreover, if we take the date of knowledge as 18.03.2013, then also, this complaint is filed after about two years and 9 months and as per Section 24 of Consumer Protection Act limitation to file a case before this Forum is for two years.

12.              From the above discussion, we do not find any merit in present complaint and the same is hereby dismissed.  However, in peculiar circumstances of the case, there is no order as to costs. Copies of the order be supplied to parties free of costs. File be consigned to the record room. 

Announced in Open Forum

Dated : 12.07.2016

 

                                            (Bupinder Kaur)                    (Ajit Aggarwal)

                                                 Member                                President