This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he as bona fide consumer and senior citizen holding the Privilege Banking advantages service provided by the ICICI Bank Ltd. having account no.129201500254 with the ICICI Bank, Phoolbagan Branch, Kolkata – 54 went to the said Bank on 13-05-2013 at about 10-20 a.m. for withdrawing a sum of Rs.50,000/- only from the Privilege Savings Bank A/c. and complainant deposite the cheque being No.001467 in the General Counter to pass the cheque for payment but after 5 or 7 minutes the said cheque was returned asking to deposit it Privilege and Senior Citizen Counter and as per their instruction the complainant deposited the same in Privilege and Senior Citizen Counter, where he was asked to collect the cash from cashier.  Further the complainant collected the said cheque from Privilege and Senior Citizen  Counter and deposited the same in cash counter and after passing of ten minutes, the complainant enquired for payment to the cashier and instantly cashier refunded back the cheque as the same was not been passed by the Privilege and Senior Citizen Counter.  Again the he visited the Privilege and Senior Citizen Counter to deposit the cheque and pass it but the person in the Privilege and Senior Citizen Counter has instructed the complainant to deposit the said cheque in counter no.2 assuring that the same can be passing without any hassle or loss of time but instead of such assurance another ten minutes has passed away to get the payment by the complainant.  The above inconvenience is not expected in case of Privilege Banking service and when the complainant is a senior citizen aged about 76 years this is also a deficiency in their service provided by the OP4.  After being frustrated about all such poor service the complainant has tried to report the whole to the Branch Manager but nobody was in the seat of the Branch Manager and no help was given to him and getting no other alternative complainant was bound to wrote a letter stating inconvenience to the Regional Manager, Branch Manager on 15-05-2013 which was dispatched through speed post in the above address on 17-05-2013 but the envelop posted in the said address returned to the complainant address with the postal remarks refused which proves its good service.  It indicates that bank authorities realized their fault for which they refused and that is the conduct of the OP which caused inconvenience to the complainant and for their negligent and deficient manner of service and negative attitude of the OPs the present complaint is filed praying for compensation.

          On the other hand, OPs by filing written statement submitted that the allegations are false and fabricated and fact remains on submission of a self-drawn cheque OP promptly handed over the amount of cash as mentioned  on the said cheque as per general banking practice and there has been no inordinate delay on the part of the OP in processing such cheque and the allegation of the complainant that he was to run from counter to counter over a period of thirty minutes are ill founded and with mala fide intent.  It is mentioned that in the branch office of Phoolbagan in order to clear the cheque drawn by the complainant he was compelled to wait for a period of thirty minutes prior to clearance of the cheque and handover of cash.  Fact remains OPs never harassed him for payment because the payment was made within a short period of 12 minutes from the time of submission of the cheque and to handover of cash and the same cannot be deemed to be an inordinate delay in processing of payment and CCTV footage of the branch office of Phoolbagan dated May 13, 2013 will clear the entire matter.  Fact remains the complainant also filed a complaint before Banking Ombudsman which was ultimately dismissed by the Banking Ombudsman against the complainant on contest and that result was informed to the complainant on 17-07-2013 and for which the complaint should be dismissed.

Decision with Reasons

On careful consideration of the entire materials on record that is complaint and written version including the fact as it is evident from the written version including the fact as it is evident from the written argument of OP that as per CCTV footage complainant entered into the premises of the OP from the main gate and complainant was in the bank premises in between 10-10 a.m. to 10-16 a.m. when complainant was asked to submit the same to the teller for clearing the said cheque.  Thereafter, at 10-16 a.m. complainant approached to teller and as because there is other customers before him so he was requested to wait in the bench.  From 10-10 a.m. to 10-21 a.m. complainant waited in the bench when the complainant’s term came complainant was called by the teller for clearing the said cheque and at 10-22 a.m. the cash was handed over to the complainant by the teller in cash and at 10-22 a.m. complainant left the premises of the OP after receiving the cash.  This fact cannot be disbelieved in view of the fact that complainant himself admitted that he waited for some time that is half an hour but anyhow in respect of that tangible evidence is not produced whereas bank authority has produced CCTV footage relay report in respect of said transaction and the presence of the complainant in the bank and at the time of entry and departure time from the bank.  Considering the details of the CCTV Footage timing report it is found that complainant was in the bank premises only for 12 minutes that is within the period from 10-10 a.m. to 10-22 a.m. and such sort of delay cannot be treated as negligent on the part of the OP because as per serial his time when he will get cash.  But fact remains the complainant filed a complaint before the banking Ombudsman that was rejected but that rejection was on the ground that said Ombudsman has nothing to do in respect of such allegation.

          Most interesting factor is that ICICI Bank, a corporate bank claims that they are giving service but their bad conduct and worst possible conduct is proved from the fact that complainant wrote a letter to the Branch Manager, Regional Manager and others on 17-05-2013 and irresponsible Bank Authority that is OP did not receive it and refused it which indicates that they are very much vindictive in respect of particular customers who filed such complaint and in the present case it is proved that OP refused this letter knowing fully well that this customer/complainant lodged a complaint to them.  But we are very much anxious in respect of the conduct of the OPs why the OPs did not receive the said speed post letter and what prevented them to refuse it that means some untoward incident happened and invariably behaviour of the OPs was not human behaviour towards senior citizen and for which apprehending some sort of stigma may be made by the complainant they refused it.  It is no doubt a bad and worst conducts of the OPs and their authorities and we are convinced that it is a negative attitude on the part of the OPs.  OPs must have to receive all the letters sent by any person by speed post if required after observing letter they shall have to give a simple reply by a letter as a corporate social responsibility but that had not been done and the letter was refused.  It is no doubt unbearable behaviour on the part of the OPs towards the complainant.

          At the same time we are expressing with deep sense of sorrow about the worst conduct of the Regional Manager, Zonal Manager and Branch Manager and in our view that they must have to learn human behaviour, gentle behaviour, corporate behaviour with the consumers at first from any management institution before receiving any letter of any customer and instant refusal made by them is no doubt uncalled for and a behaviour not of a corporate officers like Regional Manager, General Manager and Branch Manager and considering that fact it is clear that they should regret by sending a letter to the present senior citizen and a bona fide customer of the OP’s Bank and invariably Zonal Manager, Regional Manager and Branch Manager including their staff go to any training centre where morality of the employees, staff and officers of the bank institutions (service provider) is taught otherwise in future they shall have to behave very unmannerly with the customers.  It is known to all that private bank like HSBC, Axis Bank, ICICI Bank, ING Vysya Bank and other practically do not entertain general customer properly and they are very much engaged in dealing with the businessman, traders, industrialists and general customers are treated like cats and dogs.

          In the present case we have gathered that the present complainant practically was not entertained by the Bank Staff properly and it is their general business to misbehave with the customers of general category but there is none to teach them.  So, considering the entire fact we are directing the General Manager, Branch Manager and Zonal Manager to send a letter to the complainant for refusal of the letters dated 17-05-2013 by sending such a regret letter and accordingly this complaint is disposed of finally.

Hence,

Ordered

That the case be and the same is allowed in part on contest with any cost against the OPs.

          General Manager, Zonal Manager and Branch Manager are directed to sent a regret letter to the complainant for intentionally refusing the letters dated 17-05-2013 sent by the complainant and this regret letter shall be sent by them invariably within one month from the date of this order failing which OPs shall have to pay a compensation of Rs.5,000/- to the complainant.  In default penal action shall be started against them.