DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.1204/2007
Sh. Ajit Kumar Jha
S/o Sh. L. N. Jha
SRA 6B Shipra Riviera
Indirapuram, Ghaziabad-201010 ….Complainant
Versus
1. Manager ICICI Bank
Green Park Branch
Green Park, New Delhi
2. Zonal Manager (North)
ICICI Bank Ltd.
11th Floor, Videocon Tower,
Jhandewalan Extension,
New Delhi
3. The Chairman
ICICI Bank Ltd.
Chairman’s Office
Mumbai …...Opposite Parties
Date of Institution : 18.11.2007
Date of Order : 16.05.2017
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Sh. N.K. Goel, President
Complainant’s case, in brief, is that he deposited cheque No. 419000 dated 06.10.07 for Rs.10000/- to be credited in his Car OD account No.007105003293 from his saving bank account but the same was not credited to his Car OD Account. In the meantime, he issued a cheque of Rs.4390/- from the Car OD Account for the school fees of his daughter which was bounced due to which she was insulted by the school staff. Bouncing chares of Rs.393/- were levied from his Car OD Account on 11.10.07. He took up the matter with the bank and ultimately the amount of Rs.10,000/- was credited to his saving bank account on 24.10.07. He was told that the cheque of Rs.10,000/- was not credited in his Car OD Account on 11.10.07 because no Car OD Account No. had been mentioned on cheque No. 419000. Hence, pleading deficiency in service he has filed the present complaint to direct the OPs to pay Rs.5 lacs for compensation on account of loss of his prestige, mental agony, financial loss, undue harassment and traumatic condition of his brilliant school going daughter and to direct the Finance Ministry and Reserve Bank to cancel the license of the bank.
In the reply OP has inter-alia stated that while transferring the fund from his saving bank account to his Car OD Account through cheque No.439000 the complainant did not write the account number of the Car OD Account and moreover the cheque was in favour of “ICICI CAR OD” and as there was neither the account number of the Car OD nor the number of the credit card was written the cheque was ultimately not honoured and hence the cheque of Rs.4390/ issued in the meanwhile in favour of a third party got bounced for want of fund. Other averments made in the complaint have been denied. It is prayed that the complaint be dismissed
Complainant has not filed rejoinder to the reply.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Sanju Kumar, Senior Legal Officer has been filed in evidence on behalf of the OP.
Written arguments have been filed.
None of the parties has advanced oral arguments despite opportunity given in this behalf. We proceed to decide the complaint.
In view of the admitted facts we do not want to burden the order with a lengthy discussion. The only question which has to be decided is, whether the cheque of Rs.10,000/- could not be credited to the Car OD Account of the complainant due to his own mistake or the same was the result of negligence and deficiency in service on the part of OP?
In this affidavit OP’s witness has stated that cheque No.439000 for Rs.10,000/- could not be transferred to the CAR OD Account of the complainant because the complainant failed to write the above mentioned Car OD Account on it and hence the complainant himself was negligent in depositing the cheque. The copy of cheque No. 439000 has been filed as Ex. H which fortifies the version of the OP. The same had been issued in the name of “ICICI CAR OD”. Nowhere the Car OD Account of the complainant has been mentioned therein. Therefore, this was the reason as to why the said cheque could not be credited in the Car OD Account of the complainant in time. Hence, it does not lie in the mouth of the complainant to say that the same was a result of negligence and deficiency in service on the part of the OP. Therefore, we hold that the complainant has failed to prove any deficiency in service on the part of OP.
In view of the above discussion, we do not find any merit in the complaint. Accordingly, we dismiss the complaint with no order as to costs.
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 16.05.17.
