Delhi

East Delhi

CC/628/2013

PURUSHOTTAM MALHOTRA - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

06 Jul 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.       628/2013

                                                                                                  Date of Institution               24/07/2015

                                                                                                  Order Reserved on              06/07/2017

                                                                                                  Date of Order                       07/07/2017  

                                                                                                        

In matter of

Mr. Purshottam Malhotra, adult   

c/o  Prop. Malhotra Engineering Works   

A2/28, Jhilmil Flated Factory   

Delhi 110095……………..……………………....………..……………….………….Complainant

                                                                   

                                                                         Vs

The Branch Manager

ICICI Bank,  

B- 130, Vivek Vihar, Delhi 110095……………….. ..………………………….Respondent

 

 

Quorum                                                               Sh Sukhdev Singh       President

                                                                              Dr P N Tiwari                Member                                                                                                   

                                                                              Mrs Harpreet Kaur     Member

Order by Dr P N Tiwari  Member 

Brief Facts of the case                                                                                                 

Complainant opened a current account with OP bank on the advice of representative of OP who visited his factory in the month of Dec. 2012. Complainant submitted all the required documents as zerox of PAN card, ID with a cheque amount Rs 25,000/- drawn on PNB bank at Kishan Gunj, Delhi vide cheque no. 418626 with OP bank for opening of current account. It was stated that current account was opened on 08/12/2012 having account no. 082905500137 under the address of M/s Malhotra Engineering Works, A 2/28, Jhilmil Flatted DSIDC complex Nr. A block, Post Office, Delhi 110095.

It had been stated that he received “Welcome Kit” from his neighbor having his address at A2/20, Jhilmil FLATTED DSIDC complex near A block, Post Office, Delhi 110095 which was sent on wrong address by OP bank, so complainant contacted OP bank for correction of his address as per the details submitted by him. Later he received a cheque book on the correct address on 15/12/2012 as marked Ex CW1/1.  

 

Complainant was operating his current account and OP bank was also issuing statement of account every month as annexed here from Ex CW1/2 to Ex CW1/7 till 31/05/2013. Complainant received a letter from OP bank dated 03^rd June, 2013 for submission of all the required documents for KYC (Know Your Customer) record and also intimated not to deposit any cheques in this account as this account had been put under “Credit Freeze” as to ensure that the account would not be misused. So complainant had to deposit all the required documents at the earliest. OP asked to deposit “Account Opening Cheque” from his current account in any other bank, within 30 days. The letter also stated that complainant could use his current account after two working days after he deposits all the KYC documents as marked Ex CW1/8.

 

Complainant further stated that OP bank employee approached him to complete KYC formalities, but as did not wants his account to be continued further, so gave an application for closure of account as per annexure CW1/10. It was stated that despite of giving application for closure of his account, OP again activated his account as per SMS alert on 04/07/2013 at 6.26 pm marked as Ex CW1/12. By seeing callus and deficient act of OP bank, had suffered harassment, so filed this complaint claiming activation of his current account with compensation of Rs 80,000/-and litigation charges Rs20,000/-

 

OP submitted written statement and denied all the allegations of deficiency in their services. It was admitted that complainant had opened a current account in OP bank after complying all necessary requirement and documents as annexed here annexure R1 and also admitted that the business transaction was done. It was submitted that as per RBI guidelines for KYC verification circular bearing no. 9534, stating that whenever a new account current or saving would be opened, a cheque from the customer’s existing account would be required along with other documents.

 

 

Here, the firm of complainant was three years old, but admitted that the cheque issued by the complainant was from his saving account from PNB and OP did not notice and opened account. So, for KYC, all the required documents were asked to deposit in the bank as per OP letter dated 03^rd June 2013 annexed Ex CW1/8 by complainant with the direction to submit the cheque within 30 days to fulfill the procedure as per RBI guidelines. If not submitted the documents and cheque, the existing account would be closed as “Credit Freeze”. It was also submitted that when complainant did not submit the cheque of current account within specified period, the account was closed as per RBI guidelines. OP submitted that complainant had given account closure application on 21/06/2013 and stated that he had destroyed the cheque book and pass book as he did not want to continue his current account with OP bank.    So closure of his account does not amounts any deficiency in their service and not liable for any liability as alleged allegations of deficiency, thus it was prayed that complaint be dismissed.

 

Complainant filed his evidences on affidavit and affirmed on oath that all the facts and evidences were correct and nothing had been hidden.

OP also submitted their evidences on affidavit through Mr Sanjay Sharma, Manager Legal with OP bank and stated on oath that OP working was as per RBI guidelines and the account was freezed due to non submission of required documents for KYC verification and on the basis of complainant’s application to close his account. Thus, there no harassment by them to their customer /complainant and prayed for the dismissal of this complaint.  

 

Arguments were heard from both the counsels of the parties and after perusing file, order was reserved.

We perused the facts and evidence submitted by complainant and OP. It is clear that OP bank had opened a current account on the basis of saving bank account cheque issued by the complainant. It was also seen that complainant had his work place close to OP bank so was interested in opening another current account.

 

 

It is mandatory to fulfill requirements of KYC for any bank for verification of accounts as per the RBI guidelines, but complainant failed to fulfill the requirements. More so, during the course of arguments, complainant did not wish to have current account in OP bank, so he did not press his prayer clause ONE of his complaint. As he himself submitted during the course of arguments that he did not wish to continue his account and destroyed the cheque book, so it cannot be said that complainant had harassment, hence there is no merit in this complaint. Thus we come to the conclusion that complaint deserves to be dismissed so dismissed without cost to order.  

 

The copy of this order be sent to the parties as per rules and file be consigned to the record room.

 

(Dr) P N Tiwari  Member                                                                         Mrs Harpreet Kaur   Member                                                                                                                                

 

                                        

                                                     Shri Sukhdev Singh President