DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.49/2009

M/s Jaggu Mal Ved Prakash

Through its sole proprietor

Sh. Ved Prakash Mittal

Office at 49-A, Central Market,

Kidwai Nagar, New Delhi-110023                                ….Complainant

Versus

ICICI Bank

D-16, South Ex-II Branch,

New Delhi-110094                                                     ….Opposite Party

                                                  Date of Institution      : 19.01. 2009   Date of Order         : 03 .03.18

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

ORDER

Main prayer of the complainant is  to direct the OP to close down the Current account  of the complainant, to pay an amount of Rs.600/- illegally extracted by the OP time to time from the complainant alongwith interest thereon @ 24% per annum from 11.03.08 (date of sending of first letter) till the date of payment, an amount of Rs.2,75,000/-  towards compensation for loss and injury suffered b y the complainant an account of deprivation, harassment and mental agony caused by the negligence and dereliction of duty by the OP and loss of reputation of the complainant and an amount of Rs.11,000/- towards the cost of litigation.

It is submitted that the complainant agreed to open a current account No.039605000980 with the OP. One of the representatives of the OP, namely, Mr. Panch Dev promised the complainant that the complainant’s account will not be charged by any kind of one time charges of service such as monthly, yearly charges on account of opening charges or any kind of charges for issuing of cheque, debit card etc. and believing that the complainant opened the account. But in the month of January and February, 2008 the complainant was shocked to find that in spite of commitments made by the OP at the time of opening of the account a sum of Rs.480/- was debited from the account for various kind of services which were never asked for by the complainant such as mobile banking charges, debit card charges physical statement etc. The complainant immediately sent a notice dated 11.03.08 to the OP through speed post but the OP  continued adopting the unfair trade practice. It is submitted that the complainant visited the branch office of OP in South Ex-II initially on 06.05.08 and again on 13.05.08 to close down the account. It is stated that the OP bank has now started showing a Debit balance and because of which the complainant has also lost its repute in the eyes of the office of its Chartred Accountant and also in the office of the Income Tax Department and other like institution by whom the complainant otherwise had been treated in a respectful and dignified manner and faulty service on the part of opposite parties which is reflected in the account statement which was sent to the complainant  for the month of December, 2008 wherein  the complainant account is shown to have a debit balance of Rs.2884.71. However, the complainant was very disappointed when he was treated in a very ignorant, negligent and shameful manner. On 22.03.08 the complainant filed a complaint with the consumer care of OP but to no effect.

OP in the written statement has inter-alia stated that the complaint is not maintainable as the complainant’s account was closed on 09.10.09 after giving the complainant a reversal of his debit balance of Rs.7316.85. The complainant’s account was closed due to non operation for more than 1 year. The complainant has failed to prove that the charges levied by the OP bank are illegal and unjustified.  The complainant had not paid the charges to the OP bank. It is submitted that the complaint is infructuous as the principal grievance of the complainant is to close the account and the same has already been carried out on 09.10.09 and the OP has already reversed the charges of the complainant. OP has prayed for dismissal of the complaint.

Complainant has not filed any rejoinder.

 Complainant has filed his own affidavit   in evidence. On the other hand affidavit   of Sh. Naveen Trivedi,  Manager (legal) has been filed on behalf of the 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 file very carefully.

Now, the only question to be decided by this Forum is with regard to entitlement of the complainant for compensation on account of mental pain, agony and litigation charges.

 The complaint was filed by the complainant on 19.01.09 and the OP undisputably thereafter closed the account on 09.10.09 i.e after  filing of the complaint and the OP  reversed the debit balance of Rs.7316.85p to the complainant. It amounts to deficiency in service on the part of the OP since the receipt of notice dated 06.03.2008 and letter dated 26.05.2008 from the complainant and personal visits made by the complainant to the OP on 06.05.2008 and 13.05.2008 for requesting the OP to close the account in dispute are not disputed. Therefore, we allow this complaint and direct the OP to pay a sum of Rs. 5,000/- ( Rs. Five thousand only ) as compensation towards harassment and mental agony suffered by the complainant including costs of litigation to the complainant within 30 days of receipt of copy of this order, failing which the OP shall become liable to pay interest @ 6% p.a. on the amount of Rs. 5000/- from the date of filing of 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       03.03.18.