DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1659/2015
D.No.________________________ Date: ________________
IN THE MATTER OF:
NAVNEET SINGH SANDHU,
S/o SH. SEWA SINGH SANDHU,
R/o 26, RAMESHWAR NAGAR,
AZAD PUR, DELHI-110033.… COMPLAINANT
Versus
1. ICICI BANK LTD.,
2ND FLOOR, VIDEOCON TOWER, DELHI,
2. SH. DINESH KHANNA (SALES MANAGER),
ICICI BANK LTD., 2ND FLOOR,
VIDEOCON TOWER, DELHI.
3. SH. KARAN BAHRI (SALES MANAGER),
ICICI BANK LTD., 2ND FLOOR,
VIDEOCON TOWER, DELHI.
4. Ms. KALPANA T (MANAGER: SERVICE QUALITY),
REGD. OFFICE “LAND MARK”, ICICI BANK LTD.,
RACE COURSE CIRCLE, VADODARA-390007, INDIA.
5. SH. SURESH PANDEY (SR. MANAGER: SERVICE QUALITY),
REGD. OFFICE “LAND MARK”, ICICI BANK LTD.,
RACE COURSE CIRCLE, VADODARA-390007, INDIA.
… OPPOSITE PARTY (IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.12.2015
Date of decision:04.07.2018
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OPs
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under the Consumer Protection Act, 1986 thereby alleging that on 25.12.2012, Sh. Dinesh Khanna OP-2 approached the complainant to open a bank account in ICICI Bank and accordingly all the documentary work was done and the bank was pleased to issue a current account no. 135405500120 in OP-1 and Rs.25,000/- was accordingly deposited in the said account at the time of opening of aforesaid account. On 27.12.2012, Sh. Dinesh Khanna OP-2 again contacted the complainant and requested to maintain some healthy balance in newly opened ICICI Bank current account, so that bank can waive off some facility or services charges and provide more facilities free of charges (i.e. issue of DD, PO, NEFT and RTGS) on maintaining good balance in the account and on request of OP-2 the complainant made a DD no. 378094 of Rs.1,51,461 dated 27.12.2012 favouring ICICI Bank Ltd. from the other account of the complainant in Union Bank of India and handed over the same to OP-2 to deposit in the newly opened account in ICICI Bank Ltd. The complainant further alleged that the complainant was never interested to deposit any amount in the current account opened in ICICI Bank Ltd. but on OP-2’s request and consistent pressure made a DD of Rs.1,51,461/- dated 27.12.2012 in ICICI Bank Ltd. favouring and handed over to OP-2 to deposit it in the current account in ICICI Bank Ltd. Thereafter waiting for 2 weeks, the
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complainant approached to OP-2 to know the status of the deposited DD no. 378094 as the amount of the deposited DD was not credited in the complainant’s account and subsequently sent a mail on dated 18.01.2013 on official mail ID to OP-2 for immediate action on credit of DD amount i.e. Rs.1,51,461/-. The complainant further alleged that in spite of regular visits and calls neither OP-2 nor the bank come forward to resolve the issue of the complainant and after sensing indifferent behavior and malicious intentions of OP-2, the complainant approached to Sh. Karan Bahri OP-3 for solution of the complaint and wrote numerous mail to his official mail ID on 07.05.2014, 16.05.2014 & 05.07.2014 but no concurrent action was ever taken by OP-2 or any Senior of the bank in this respect and the complainant visited ICICI Bank numerous times and met every possible officials of the bank for the grievances but nothing concurrent has ever done. The complainant further alleged that sensing their indifferent behavior and waited for 2 years, the complainant again wrote to the head of service quality of ICICI Bank on 17.08.2015 for resolution of the long pending issue and on the complaint, they assured to the complainant to resolve the issue before 26.08.2015 but on 26.08.2015, the complainant received another mail from ICICI Bank stating that they need more time to resolve this issue. The complainant further alleged that he
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waited till 26.09.2015 and the complainant again wrote to the head of service on 28.09.2015 & 05.10.2015 that their commitment to resolve the long pending issue on given date has also been passed and ICICI bank has again failed to keep their words and resolve this long pending issue and ICICI bank is passing time by giving one or another pretext, the complainant forwarded the complaint to the banking ombudsman and on the complaint the ICICI Bank reverted on 05.10.2015 and accepted the fact that error has been occurred at their end and after due diligence and investigation ICICI Bank are closing the matter and arranging for the credit of DD amount of Rs.1,51,461/- in the ICICI Bank current account with saving account rate of interest but their assurance again got in vain as after waited for one month, the complainant received a letter from the ICICI bank that they are unable to credit the amount as this DD is deposited in some M/s Cirrus Graphic Pvt. Ltd. account and the complainant have some internal arrangement with the person who actually sourced the captioned case which is totally wrong and false story of the ICICI bank to veil wrong doing of its employee and prevent themselves to pay the amount. The complainant further alleged that OP also raised the point that the complainant has not mentioned in the complaint that the complainant had some business term with ICICI Bank earlier, thus they are unable to
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revert the DD amount and the complainant explained that the business term is nothing to do with this as the complainant have only started the business with ICICI Bank after 15.05.2012 almost 5 months of the incident and there is an act of deficiency in service on the part of OP.
2. On these allegations the complainanthas filed the present complaint praying for direction to OP to refund the DD amount of Rs.1,51,461/- alongwith interest @ 18% w.e.f. date of deposit in the account as well as to pay compensation of Rs.2,00,000/- for causing negligence, illegal and unlawful acts, harassment and mental agony and any other order, cost or penalty for not honoring their own words inspiteof accepting the facts and fraud committed at their end to refund the DD amount alongwith interest as stated in their written letter dated 23.09.2015 signed by Ms. Kalpana T, Manager-service Quality.
3. OPs have been contesting the case and filed written statement wherein OPs submitted that the complaintis not maintainable and is liable to be dismissed. OPs further submitted that the complainant had provided a demand draft of Rs.1,51,461/- in favour of the ICICI Bank Ltd. towards processing fees of the loan application of M/s Cirrus Graphics and the person/entity on whose name the said application was processed refused to take the
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disbursal of the loan which has resulted in forfeiture of the processing fees and the fact has been admitted by the complainant and OP further submitted that there is no deficiency in service and the complaint is liable to be dismissed.
4. The complainant filed replication and denied the submissions of the OPs and submitted that the OPs have taken a false plea.
5. In order to prove hiscase the complainant filed his evidence by way of affidavit and the complainant also filed written arguments. The complainant also filed copy of DD bearing no. 378094 dated 29.12.2012 of Rs.1,51,461/- in favour of ICICI Bank Ltd. issued by Union Bank of India, copy of statement of account, copies of e-mail communications, copy of complaint dated 17.08.2015 sent by the complainant to OP, copy of reminder dated 25.10.2015 sent by the complainant to OP and copies of letters dated 23.09.2015, 09.11.2015 sent by OP to the complainant.
6. On the other hand, Sh. Jarrar Rizvi, Manager of OPs filed his affidavit in evidence which is as per lines of defence taken by OPs in the reply and OPs have also filed written arguments.
7. This Forum has considered the case of the complainant in the light of the documents placed onrecord by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant.OPs
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have failed to prove the fact that the draft of Rs.1,51,461/- favouring ICICI Bank Ltd. was deposited by the complainant with OP towards processing fee of the loan application of M/s Cirrus Graphics. OP has also failed to place on record any acknowledgement or any admission by the complainant about deposit of the said draft towards processing fee of the loan application. Moreover the defence taken by the OP it contrary to the admission of the OP in letter dated 23.09.2015 of ICICI Bank Ltd. which reads as under:
“With regard to your concern pertaining to non credit of DD of Rs.1,51,461/- dated 27.12.2012 in your aforementioned current account, we would like to inform you that we have investigated the matter and are arranging for the credit of Rs.1,51,461/- to your current account alongwith saving account rate of interest though there is no interest applicable for current accounts.”
8. Accordingly, in the light of above OP-1 is held guilty of deficiency in service. Accordingly, this forum orders as follows:
i) To pay to the complainant an amount of Rs.1,51,461/- being the amount of DD which was not credited in the account of the complainant.
ii) To pay to the complainant an amount of Rs.40,000/- as compensation for harassment and mental agony suffered which includes litigation cost.
9. The above order shall be complied by OP-1 within 30 days from the
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date of receiving copy of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 4thday of July, 2018.
BARIQ AHMED USHA KHANNA M.K.GUPTA(MEMBER) (MEMBER) (PRESIDENT)
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