Punjab

Sangrur

CC/1309/2015

Mohinder Singh - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

Shri Pawan Kumar Gupta

22 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                              

                                                Complaint No.  1309

                                                Instituted on:    16.10.2015

                                                Decided on:       22.08.2016

 

Mohinder Singh son of Shri Bhagwan Singh, resident of H.No.551, Mubarak Mehal Colony, W.No.2, Sangrur, Tehsil and District Sangrur.

                                                        …Complainant

                                Versus

1.             Managing Director of ICICI Bank Limited, Landmark Race Course Circle, Vadodara (390007).

2.             ICICI Bank, through its Manager, Kaula Park, Sangrur, Tehsil and District Sangrur.

3.             Manager of ICICI Bank, Kaula Park, Sangrur, Tehsil and District Sangrur.

                                                        …Opposite parties

 

For the complainant  :               Shri Pawan Gupta, Adv.

For OPs                    :               Shri GS Shergill, Adv.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Mohinder Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that the complainant has a saving bank account number 029301516291 with the Op which was opened in the year 2009 and the complainant keeps lac of rupees in his account and nothing is being charges by the OP for that.  The grievance of the complainant is that despite that the Ops debited an amount of Rs.8,30,000/- in the account of the complainant without his consent, knowledge, which is totally wrong and arbitrary.  Further it is stated that there was only Rs.75,000/- balance in his account and the OPs are liable to credit the amount to the tune of Rs.8,30,000/-, which has not been credited despite approaching the Ops so many times. Thus, alleging deficiency in service on the part of the Ops, the complainant has prayed that the Ops be directed to correct the debit entry of Rs.8,30,000/- and further to compensation and litigation expenses.

 

2.             In the reply filed by OPs, preliminary objections are taken up on the grounds that the complaint is false, frivolous, vague and vexatious in nature and has been made to injure the interest and reputation of the OPs, that the complainant has filed the complaint with the sole motive to gain illegally. It is further stated that the complainant has not come to the Forum with clean hands as an amount of Rs.8,36,673/- is still due against the complainant as on 8.2.2016, but despite that the complainant has filed a wrong and false complaint, that the complaint is not maintainable and that this Forum has no jurisdiction to hear and try the present complaint. On merits, it is stated that in the month of January, 2015, the complainant approached the Ops for the grant of credit facility of house loan and on the request of the complainant, the Ops sanctioned an amount of Rs.15,00,000/-.  Thereafter, the complainant closed his loan account by making the payment.  However, the complainant did not clear the loan amount and defaulted in instalments.  Since no payment was received from the complainant, therefore, the complainant has exercised the legal rights and powers available to it. As per the Indian Contract Act, the OPs have statutory right to put a lien on customer’s bank account with the OPs to the unpaid outstanding dues payable by such customer and set off the available balance against the dues payable in the event of the refusal to pay the dues.  It is further stated that the lien has been marked on the saving bank account of the complainant for an amount of Rs.8,31,171/- on 31.8.2015. However, any deficiency in service on the part of the Ops has been denied.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of legal notice, Ex.C-3 and Ex.C-4 postal receipts, Ex.C-5 copy of account statement, Ex.C-6 copy of NOC dated 2.11.2997, Ex.C-7 copy of bank account statement and closed evidence. On the other hand, the learned counsel for OPs has produced Ex.OP-1 affidavit, Ex.OP-2 copy of letter dated 15.10.2015, Ex.OP-3 and Ex.OP-4 copies of account statements, Ex.OP-5 copy of letter dated 31.8.2015, Ex.OP-6 copy of letter dated 31.8.2015 and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits dismissal, for these reasons.

 

5.             After hearing the arguments of the learned counsel for the parties and on the perusal of the documents placed on record, we find that the main question in the complaint is whether the Ops can debit a sum of Rs.8,31,171/- from the saving bank account of the complainant for crediting the same in the loan account of the complainant.

 

6.             The version of the complainant is that he had adjusted the loan account as per the document Ex.C-6, but still the Ops had debited the amount from his saving bank account. On perusal of the document Ex.C-6, we find that the loan account number is LBSAN00000979826 which has been repaid in full and the Ops have also admitted that this account has been closed and have placed document Ex.OP-3 on record.  But, then it is the specific version of the Ops that the complainant is also having one more loan account number LBSAN00001244590 in which balance is outstanding and the amount of Rs.8,31,171/- has been credited in that account under intimation to the complainant.

 

7.             The Ops have also submitted in the written reply that the Ops had statutory right to put a lien on customer’s bank account with them to the unpaid outstanding dues and this fact was conveyed on the welcome booklet with them. The Ops had also mentioned this relevant clause in their letter dated 31.8.2015 and intimation was sent to the complainant for debit of Rs.831171/- as per this right to set off clause vide document Ex.OP-5 on record. Vide document Ex.OP-5, the Ops have mentioned “In addition to the general right to set off or other right conferred by law or under any other agreement, ICICI Bank may, without notice, combine or consolidate the standing balance on the loan account with any other account(s) which the loan member maintains with ICICI Bank and its group companies, and set off or transfer money standing to the credit of such other account(s) in or towards the satisfaction of the loan member’s liability to ICICI Bank under his/her loan account.”

 

8.             From the entire evidence placed on record, we find that  the complainant has not denied  that he was not having loan account number LBSAN 00001244590 with the Ops, whereas the Ops have mentioned this account number even in their reply to the legal notice, which is Ex.OP-2 on record.  On perusal of the document Ex.OP-4 which is statement of account number LBSAN00001244590, we find that the complainant has also issued cheques of Rs.4585/- for the credit of this account.  Moreover, the address mentioned on this document matches the address mentioned on document Ex.C-6.  So, all this shows that the complainant has not come to the Forum with clean hands and has concealed material facts.

 

9.             So, from the facts mentioned above, we find that the complainant has not been able to prove his version and as such, we dismiss the complaint of the complainant. However, the parties are left to bear their own costs.  A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                August 22, 2016.

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                   (K.C.Sharma)

                                                        Member

 

 

                                                    (Sarita Garg)

                                                       Member