BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Pioneer Sales, through its Sole Proprietor Mr.Rakesh Bansal, S.C.O. 41, Sector-7, Panchkula

…..Complainant….

                           V E R S U S

1]ICICI Bank Ltd. Regional Office at Sector 9-D, Madhya Marg, Chandigarh.

2]ICICI Bank Ltd., S.C.O.36, Pocket 1, N.A.C., Manimajra, U.T., Chandigarh.

                                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

Argued by: Sh.Chand Deep Jindal, Adv. for complainant.

Sh.Sandeep Suri, Adv. for OPs.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, the complainant closed his bank account from ICICI Bank, Manimajra (OPs) on 15.04.08. All the dues were paid by the complainant and the account closure form was issued to the complainant by the OP bank. After that the complainant received a letter dated 31.03.09 from the OP-bank which showed a sum of Rs.718.38/- as outstanding dues towards the complainant.  He immediately went to the office of the OP bank regarding the same. He was assured by the OP bank that the said letter had been issued by mistake and there was no need to deposit the said amount of Rs.718.38/-. Again, he received a letter dated 31.05.09, in which a sum of Rs.1171.58/- was again demanded by the OP bank. The complainant again visited OP-2 but was not responded positively by the OP bank. That again he received a letter dated 31.07.09 for sum of Rs.2544.18/- from the OP bank. The complainant again went to the OP-2 regarding the above facts.  The OP bank told him that as per the information available on the computer, the said outstanding was due towards him. The OP bank further threatened him to deposit the outstanding amount at the earliest. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice. The complainant has prayed that the OP bank be directed to pay costs of litigation alongwith compensation towards mental torture, pain and agony suffered by him.

2.             Notice was served to the OPs. In their written reply the Learned Counsel for the OPs submitted that the account of the complainant had already been zeroised and no legal notice had been issued to the complainant for the payment of any such amount as had been relied upon by the complainant. OPs further submitted that Annexure C-2 was neither a notice nor a letter that was merely a statement of the account of the complainant. They further submitted that the account was not closed, as all the necessary formalities had not been completed, however the same was later closed on 8.10.09. OPs had denied regarding any visit of the complainant to them.  Denying all the material allegations of the complainant the OP bank pleaded that there has been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint. 

3.             The Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the parties and have also perused the record including the written arguments. 

5.             It is argued by the ld.Counsel for the OPs that a current account is always opened for a commercial purpose and therefore, the complainant is not a consumer and the Consumer Forum would not have any jurisdiction to entertain and try this complaint.  We, however, do not find any merit in this contention in view of the authority of Standard Chartered Bank Ltd. Vs. Dr.B.N.Raman, 2005-2008 S.C. & National Commission Consumer Law Cases 149 in which it was held that banking is a business transaction between the bank and customers and such customers are consumers within the meaning of Section 2(1)(d)(ii) of the act.  The Hon’ble National Commission in the case of Punjab National Bank vs. L.N.Navetia, 2005-2008 S.C. & National Commission Consumer Law Cases 282 have also held to the same effect. This argument is, therefore, devoid of merit. 

6.             Annexure C-1 is the Account Closure Form, which was duly received by the OP bank.  The Form was submitted on 15.4.2008, which fact is admitted by the OPs.  However, the account of the complainant was not closed even for one year and the OPs issued him the account statement Ann.C-2, dated 31.3.2009 showing that a sum of Rs.718.38Ps. was due from him.  According to the complainant, he approached the bank officials of the OPs, who assured that the account will be closed and he would not receive any statement in future but it all proved to be wrong when he again received the statement of account Ann.C-3, dated 31.5.2009 showing an amount of Rs.1171.58Ps. due from him.  The complainant had to again run to the OPs and make a request for closure of account but again the same was not done despite assurances and the complainant received another statement of account Ann.C-4, dated 31.8.2009 showing that a sum of Rs.3029.38Ps. was due from him.  However, now the OPs have mentioned in Para No.5 of the reply that the amounts have already been made zero and the account has also been made zero for the purpose of bringing the litigation to an end.  It is, however, not mentioned as to why the account was not promptly closed and if the same was closed why the account statements were being sent to the complainant causing him mental and physical harassment.  There was, therefore, certainly a deficiency in service on the part of OPs.

7.             In view of the above discussion, we are of the opinion that the present complaint must succeed.  The same is accordingly allowed.  The OPs are directed to pay Rs.10,000/- as compensation to the complainant for causing him mental & physical harassment.  The amount of compensation along with litigation cost of Rs.2200/- shall be paid by the OPs to the complainant within 30 days from the date of receipt of copy of this order, failing which they would be liable to pay the same along with penal interest At the rate of 12% per annum since the date of filing the present complaint i.e. 6.10.2009 till the amount is actually paid to the complainant. 

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.