DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 84 of 2023.
Date of hearing : 10.06.2024.
Date of order : 23.07.2024.
Dated the 23rd Day of July 2024.
Debasis Choudhury, aged about 46 years,
S/o:- Late Arabinda Choudhury,
At:-Jagannathpur (Bonth Chhaka)
Prafulla Nagar, Po/PS/Dist:- Bhadrak -756100,
Mob. No.- 9178080386. . . . . . Complainant.
Vrs.
ICICI Bank, represented by the Branch Manager,
Bhadrak Branch, At:- Dahanigadhia,
Po:-Charampa, PS/Dist:- Bhadrak.
. . . . Opp. Party.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant : Sri Kalyan Kumar Das, Advocate & Associate,
Counsel for the Opp. Party : Sri M.G. Madani, Advocate& Associates.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Party under Consumer Protection Act, 2019.
A fact of the case is that, the complainant is a consumer of the O.P. having Savings Bank Account No.077405500334. Unfortunately the O.P. has freezed the said account since long without any information to the complainant & without any reasonable or probable cause. When the complainant in urgent need of money for his medical treatment tried to withdraw money from his account on 28.04.2023 he came to know that the account has been freezed. The complainant immediately gives application to the O.P. to inform him the cause of such action. But till date the O.P. is not informing the complainant about the details. The complainant is in urgent need of money & due to such wrong action of the O.P. the complainant is suffering a lot. The act of O.P. amounts to gross deficiency of service & so also unfair trade practice. As such the complainant has no other alternative & compelled to file the case & prayed to direct the O.P. to restore the operation of the account of the complainant & O.P. be directed to pay compensation. The complainant has filed the documents i.e. (1) Letter dtd.28.04.2023, & (2) Summary of Account dtd.28.02.2023, A/c No.077405500334.
The O.P. submits that, the complainant Mr. Debasis Choudhury maintains a current account with ICICI Bank Ltd. Bhadrak Branch, Orissa, having Account No.077405500334. On 09.07.2022, the O.P. Bank received a Noticed issued U/s 91 of the Cr.PC, 1973 from the Deputy Supdt. of Police, Office of the Director General of Police, State Cyber Crime Cell, CID Crime, Gandhinagar, Gujarat. The concerned police authorities intimated the O.P. Bank that in connection with ongoing investigations pursuant to Case No. 31106220024450, there were certain fraudulent transactions that were suspected from certain Bank accounts. The bank accounts were listed in the said notice, and the complainant’s bank account was one of them. The notice inter alia directed the O.P. Bank to mark a freeze on the specified accounts to the said police authority. The O.P. Bank has accordingly marked a freeze over the complainant’s account in compliance with directives issued by the police authorities. During the visit made by the complainant with the O.P. Bank’ branch on or around 28.04.2023, the O.P. Bank has duly informed the complainant that for taking necessary corrective action, if any, the complainant has to contact with the office of the DGP, State Cyber Crime Cell, CID Crime, Gandhinagar, Gujarat by quoting the Case No.31106220024450, for further action as the O.P. Bank is duty bound to adhere to directions of the Police Authority. The complainant is not entitled tobe granted relief in terms of the prayer set out in the complaint. The O.P. has filed a copy of Notice as Annexure-A.
Having heard the rival contentions and materials available in the record this commission is of the opinion that the complainant’s bank account has been freezed by the OP Bank admittedly upon a notice u/s 91 of Cr.P.C. from Deputy Supt. of Police, o/o DG of Police, State Cyber Crime Cell, CID Crime, Gandhi Nagar, Gujurat pursuant to their Case No.- 31106220024450, on 09/07/2022. But admittedly again they have intimated the client about such hold of his account on 28/04/2023. The complainant has filed a letter wherein he had requested the OP to intimate him about freezing of his account and it appears from the face of the letter that the O.P. Bank has received the same letter on 28/04/2023. It is clear like broad day light that the O.P. Bank has not informed its customer about such freezing of his account till 28/04/2023 or later. It is appreciated by this commission that Police can issue prohibitory orders against operation of the bank account and the O.P. Bank must honour such prohibitory orders of Police. But the O.P. Bank should have given at least an intimation to the complainant before the freezer. They have been lackadaisical by not informing about the freezer of the account for around 9 months. The Bank is impliedly bound by contract to give appropriate service to its customers. There is no evidence available in the case record which shall say that the O.P. Bank has informed the complainant at any point of time or the complainant was aware about such freezer of his account. O.P. Bank has committed negligence and was found to be deficient in providing service to the complainant for which they need to compensate the complainant. However, the O.P. Bank cannot restore the operation of the case account unless it gets appropriate orders from the investigating officers in the case concerned.
O R D E R.
In the result, the complaint be & same is partly allowed. The O.P. Bank is directed to pay compensation of Rs.10,000/- to the complainant and another Rs.5,000/- towards cost of litigation.
This order is pronounced in the Open Court on this the 23rd day of July 2024 under my hand and seal of the Commission.
