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

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Kuldip Singh, s/o Sh.Prem Singh, Senior Assistant, Office of the Special Secretary Finance-cum-Director Treasuries & Accounts Punjab, SCO No.110-111, Sector 17-C, Chandigarh

…..Complainant

                           V E R S U S

ICICI Bank Ltd., through its Manager/Concerned Official, SCO No.9, 10 & 11, Sector 9-D, Madhya Margi, Chandigarh-160101

                                  ……Opposite Party

CORAM:  SH.JAGROOP SINGH MAHAL PRESIDENT

              DR.(MRS) MADHU BEHL       MEMBER

              SH.RAJINDER SINGH GILL    MEMBER

Argued by: Complainant in person.

Sh. Arun Dogra, Adv. for OP.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, the complainant had a salary account with OP since 2003.  The OP had issued a letter dated 30.07.2003 to the office of the complainant in which the OP publicized various exclusive benefits which were attached to the salary account like personal accident insurance, value added salary account (quantum optima) etc. In the month of January, 2009, he had gone through the statement of his salary account and found that the exclusive benefits as promised by the OP have not been provided to him.  He immediately approached the OP vide their letter dated 30.07.2003 and inquired about the same, on which the officials of the OP told that they had discontinued those exclusive benefits with effect from 2006 and no other reply was given by the OP. He checked the statement of accounts of Mr.Vinod Sharma, who was also working as Auditor in the same department and found that Mr.Vinod Sharma was getting all the exclusive benefits till date. He had written number of letters and had made several visits to the office of the OP so that the said benefits could be provided to him also but of no use at all. Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice.

2.             Notice was served to the OP. In their written reply the OP admitted that the letter dated 30.07.2003 was sent by them to the office of the complainant for opening the salary account in which they had offered exclusive benefits, free benefits and other services to the salary account holders and the free benefits were automatically given to each and every account holder, however, for availing the exclusive benefits inter alia like personal accident, insurance etc., a nominal premium was required to be paid by the account holder with the consent of the account holder. The complainant himself had chosen not to avail these exclusive benefits at the time of filling of account opening form, as such without his consent the same could not have been given to him. The complainant was very well aware of this fact which was quite evident from the fact that despite receiving monthly statement of his account right from the opening of the account in the year 2003, he had neither made any complaint nor had ever approached the OP in this regard. Denying all the material allegations of the complainant, the OP 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 complainant in person and Learned Counsel for the OP and have also perused the record.

5.             The OP has admitted in para number 2 of the reply that they issued a letter dated 30.07.2003 (Annexure C-1) offering various benefits to the salary account holders. It is also admitted that the personal accident insurance and value added salary account benefits have not been given to the complainant.  Their contention is that these benefits were to be asked for by the complainant by making a request to that effect in the proposal form while opening the account with their bank, which they did not and therefore it is now barred by time to ask for the same.  We do not find any merit in this argument.  A personal accident insurance is offered every year on a nominal premium of Rs.12/- p.a.  If the complainant had not asked for it earlier there is no reason to deny the same every year to him subsequently.  When he is asking for the insurance cover which the OP is under an obligation to provide to him in view of the offer made by them through Annexure C-1, which has been duly accepted by the complainant, the OP is bound to give personal accident insurance now.  The request with respect to the personal accident insurance should be provided to the complainant immediately and if any undertaking regarding the deduction of premium of Rs.12/- from his bank account is needed, the undertaking may be obtained from him in this respect.

6.             As regards the value added services, the offer made by the OP through Annexure C-1 was to provide a unique savings account where he could earn interest rate of fixed deposits on his excess balances. It was admitted that any amount in excess of Rs.10,000/- in the savings account is to be transferred to fixed deposit in multiple of Rs.5,000/- and these fixed deposits are to be linked to his savings account and the amount is made available to him for withdrawal through ATM or by cheque.  The FD is to be liquidated first ensuring maximum returns.  This benefit has been asked for by the complainant on 11.08.2009 through a notice Annexure C-7.  Thereafter he issued a reminder Annexure C-8 on 3.09.2009 and then Annexure C-9 on 11.09.2009 but the OP has not given him the benefit thereof. The complainant has filed the present complaint on 28.10.2009.  The complainant would be entitled to this benefit with effect from 29.10.2007 i.e. for a period of 2 years preceding the complaint filed on 28.10.2009. 

7.             In view of the above discussion, we are of the opinion that the present complaint must succeed. The same is accordingly allowed.  The OP is directed to provide benefit to the complainant with respect to unique saving account with effect from 29.10.2007, calculate the amount of interest to which the complainant is entitled and credit the same to his account. The OP shall also provide him personal accident insurance immediately and deduce the yearly premium of Rs.12/- from his account every year. The order shall be complied within 30 days from the date of receipt of copy of this order failing which the OP would be liable to pay to the complainant in addition to the above benefit, a sum of Rs.10,000/- towards litigation expenses and compensation for causing him mental and physical harassment and compelling him to resort to litigation.

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