District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 445/2021.
Date of Institution:07.09.2021.
Date of Order:24.04.2023
Swaroop Singh Lamba, Escorts Limited, Plot No. 114, Sector-24, Faridabad.
…….Complainant……..
Versus
ICICI Bank, SCO 145-146-147, Sector-21C, HUDA Market, Faridabad through its Manager/Authorized person.
…Opposite party
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Vaseem Ahmad , counsel for the complainant.
Sh. Sagar Bhatia , counsel for opposite party.
ORDER:
The facts in brief of the complaint are that the complainant was middle class person of the society. Complainant was a loyal customer of opposite party bank and having a salary/saving account bearing No. 630301517318. The opposite party had been debited hard earned money of complainant several times since 2016 without any reason and rhyme even after so many complaints of said deduction. The deductions were given below for the kind perusal of the Commission:-
Sr.No Date Amount(Rs.)
-
-
-
-
-
-
-
The opposite party after intimated through complainant about these illegal and absurd deduction of amount, opposite party told to the complainant that each and every single penny would be refunded of the above said debited amount in complaint’s account within one week.But the opposite party did not refund the same even after number o visits to the branch and the deduction still continue.On06.07.2021 an amount of Rs.3890/- debitedfrom complainant’s account.Then the complainant sent an email message on dated 14.07.2021 to the opposite party about these fraudulent deductions and urged for refund the entire amount which was intermittently debited by the opposite party in a fraudulent and illegal manner.The above said illegal/fraudulent debited amount did not refund in the account of complainant, on the other hand opposite party avoiding complainant on one pretext or another. The complainant sent legal noticedated 02.08.2021 to the opposite party through registered post but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) refund the amount of Rs.11,861.11/- with the interest rate of 24% p.a. to the complainant and also be directed the opposite party not to debit such type of amount ahead from the account of the complainant.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay a sum of Rs.50,000/- to the complainant for extorting hard earned money and valuable time of life of the complainant.
d) pay Rs. 21,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complaint was not maintainable in as much as the part of the dispute was barred by limitation. It was submitted that the complainant had disputed the deductions of amount effected on 04.04.2016, 03.05.2016, 02.06.2016, 04.07.2016, 05.12.2016 and 05.11.2018 from his saving account No. 630301517318. The complainant had disputed the aforesaid transactions in complaint filed on 02.09.2021 i.e. after expiry of limitation period of two years from the date of alleged disputed transactions. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party–ICICI Bank Ltd. with the prayer to: a) refund the amount of Rs.11,861.11/- with the interest rate of 24% p.a. to the complainant and also be directed the opposite party not to debit such type of amount ahead from the account of the complainant. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay a sum of Rs.50,000/- to the complainant for extorting hard earned money and valuable time of life of the complainant. d) pay Rs. 21,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Swaroop Singh, Ex.C-1 to 3– Statement of transactions, Ex.C-4 – statement, Ex.C-5 – Statement of transactions, Ex.C-6 – email dated 14.07.2021, Ex.C-7 – Adhaar card, Ex.C-8 – legal notice, Ex.C-9 – postal receipt, Ex.C-10 – track report.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Vinod Kumar, DBM, ICICI Bank Ltd., Branch Sector-21C, Faridabad, Ex.R-1 – Credit card application form, Ex.R-2 – photocopy of pan card, Ex.R-3 – election card, Ex.R-4 – adhaar card.
6. As per email dated 14 July 2021 vide Ex.C-6 in which it has been mentioned that “many times he has made the call to the customer care about the said credit card. Many of time he has deducted the money from his salary account. Even after he has never received the above said card & also he never activated credit card. Please do needful to resolve & refund of deducted fund from his account. As per statement of transactions in savings account No. 630301517318 in INR for the period July 01,2021 – July 06,, 2021 vide Ex.C-5, an amount of Rs.3890/- debited from the complainant’s account.
7. After going through the evidence led by the parties, the Commission is of the opinion that As per dictum of Section 69 of Consumer Protection Act, the District Commission is empowered to admit a complaint within two years from the date on which the cause of action has arisen. The present complaint is time barred under Limitation Act as the date of occurrence i.e disputed deductions of amount effected on 04.04.2016, 03.05.2016, 02.06.2016, 04.07.2016, 05.12.2016 & 05.11.2018 from his saving Account No. 630301517318 and date of filing of complaint is 07.09.2021 after expiry of five years. Hence, the complaint is dismissed related to the disputed deductions of amount effected on 04.04.2016, 03.05.2016, 02.06.2016, 04.07.2016, 05.12.2016 & 05.11.2018 from his saving Account No. 630301517318.
On account of the transactions in savings account No. 630301517318 in INR for the period July 01,2021 – July 06,, 2021 vide Ex.C-5, an amount of Rs.3890/- debited from the complainant’s account. Hence, opposite party is directed to refund an amount of Rs.3890/- alongwith interest @ 6% p.a. from the date of filing of complaint till its realization. Opposite party is also directed to pay Rs.1100/- as compensation for causing mental agony & harassment alognwith Rs.1100/- as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. File be consigned to the record room.
Announced on: 24.04.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
