BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT: SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. : MEMBER SMT. S.K. SREELA : MEMBER C.C.No. 173/2007 Filed on 18/07/2007 Dated : 31..01..2011 Complainant: Sindhu Shiv, Varuvilakathu Veedu, Kalathukal, Karakulam – P.O., Thiruvananthapuram.
(By Adv. S.A. Sundar)
Opposite party: The Manager, ICICI, Thiruvananthapuram Branch, Pulimoodu, Thiruvananthapuram. (By Adv. R. Kunjukrishnan Potti)
This O.P having been heard on 30..12..2010, the Forum on 31..01..2011 delivered the following: ORDER SMT. S.K.SREELA, MEMBER: The facts of the case leading to the filing of this complaint are as follows: The complainant is the customer of the opposite party by way of opening a Savings Bank Account as number 626201538263 on 17/4/2007. On the same day the complainant deposited Rs. 10,000/-. The complainant is introduced with the opposite party by her husband who has an account with the opposite party as number 604501019352. The opposite party opened an account after completing the formalities and was issued with an account number along with the customer ID No. The opposite party assured that the account will become operative within two days. The complainant has no other bank account, this account was opened with an intention to ready transaction. The account stood still and inoperative till 29/4/2007. The complainant filed a complaint with customer care center of the opposite party, for that it was replied that the account will be operated within four days, again it was stated that the account will be activated on 6th May 2007. As the account was not activated the complainant demanded for the return of the amount deposited at the time of account opening . The complainant requested the opposite party to close the account and pay the cash through the counter. If the account payee DD is given to the complainant she will have no use because the complainant has no other bank account except with the opposite party. No action was taken by the opposite party and the amount deposited was not returned. The complainant opened the account with an intension to receive money sent by the relatives and friends to meet the expense of the marriage of her sister-in-law held on 13/5/2007, but the same failed and the inoperation of account caused much hardship and difficulty mentally and financially. The opposite party has not explained any sufficient reason for the account becoming inoperative, till this date. Hence this complaint. 2.The opposite party has filed their version contending that the complaint is not maintainable. That it is true that the complainant had deposited a sum of Rs. 10,000/- on 17/4/2007. The complainant did not produce any documents as prescribed by the Bank’s norms for activation of the account. Though the complainant was given an account number, ID number and cheque leaves etc., she failed to comply with the KYC norms prescribed for activation of the account. Though the opposite party intimated the complainant the requirement to comply with the KYC norms for activation of the account on 17/4/2007 itself, the complainant had promised to provide the same on the very next day. Since the complainant failed to provide the documents for activation of the account, the opposite party tried to contact on her mobile Phone No: 9214461461 provided by the complainant several times and the complainant failed to respond to the calls. When the complainant approached the opposite party Bank on 15/5/2007, the opposite party Bank requested the complainant to give a refund request. The complainant failed to submit a refund request, a requirement for refunding the amount. The complainant on the other hand demanded for cash payment over the counter which the opposite party Bank could not oblige since the same is a deviation from the standard operating Banking procedure. Though the opposite party bank contacted the complainant on 17/5/2007, the complainant expressed her inability to come to the Branch and provide the request form stating personal reasons. The complainant failed to provide a refund request and hence the amount paid by the complainant could not be returned. The complainant has no cause of action against the opposite party Bank. There is no deficiency of service on the part of the opposite party Bank to give compensation on account of the misdeeds or omission/inaction of the complainant. Complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P8. Complainant has been cross examined by opposite party. The opposite party had no evidence. The points for consideration are: Whether there is any deficiency in service on the part of the opposite party? Whether the complainant is entitled for any of the reliefs as claimed in the complaint?
3. Points (i) & (ii): The grievance of the complainant is that an amount of Rs. 10,000/- which she had deposited with the opposite party Bank at the time of opening the account has not been refunded to her since she had claimed for refund of the said amount as the account was not activated. The opposite party has contended in their version that the complainant did not produce documents as prescribed by the Bank’s norms for activation of the account, and that the complainant failed to provide a refund request and hence the amount paid by the complainant could not be returned. The complainant furnished Exts. P1 to P8 to support her pleadings. During trial, the opposite party had filed an IA seeking permission of the Forum to allow the opposite party to deposit Rs. 10,000/- before the Forum. After hearing both the parties, this Forum passed an order that the IA will be considered along with the complaint. 4. Ext. P3 is the ICICI Bank HPCL Welcome Kit. As per Ext. P3, the complainant has been given ATM Cum HPCL Debit Card, Internet Banking User Id., Internet Banking Password, PIN etc.... The complainant has furnished the debit card before us which has been marked as Ext. P2 (Original also produced). As per Ext. P2 it has been printed that it is valid from 1/2007 to 12/2016. From the pleadings it is seen that the complainant has opened the account on 17/4/2007. The pertinent aspect which requires consideration at this juncture is that despite the complainant being issued with a debit card, PIN, cheque leaves & ID No., her account has not been activated. The reason stated by the opposite party is that she had not produced any documents as prescribed by the Bank’s Forms for activation of the account. Then how the complainant has been issued with the above referred documents stand unanswered. Furthermore, we find it very difficult to conclude that the complainant has been issued with a debit card, Id No. etc without relevant documents. What prevented the opposite party from collecting all the relevant records before the issuance of the above documents or at the time of opening of the account has not been detailed. If at all the complainant had to produce some relevant documents, the opposite party ought have demanded the same at the initial stage itself. But on going through Ext. P5 it could be seen that, the complainant has been informed that the complainant will receive the account closure amount to the communication address through Draft/PO after the completion of the formalities for the closure and that further she has been informed that her account is closed and the opposite party has requested complainant to confirm the opposite party the location where the complainant wants the account closure proceeds to be sent as a pay order. The complainant, PW1 has deposed during cross examination that ’Bank ?? ???????? ??? cash ??????? ?????????? Bank ?? ??????????????? ????? ???????? (Q) ??????? ???????? ???? bank ?? account ????. ??????? DD ???????????? ????????????.. ?????? Bank ?? ????????? DD ????????????????? ???? ????????. (A). As per Ext. P8, the reply notice, the opposite party had informed that the client had requested for a cash payment which could not be obliged and that the complainant had not furnished the closure request Form. As per the e-mail details, a reply to the mail dated 1/5/2007, the opposite party has replied that ’we are looking into your concern, we will write to you with the status by May 6, 2007’. Further all the records produced by the complainant prove the lethargic attitude of the opposite party in dealing with the grievance of the complainant.
5. It is to be noted at this juncture that, the opposite party is a Financial Institution dealing with public money. The care and caution to be taken by such an institution has not been taken in this case. The lame excuse of the opposite party that the complainant has not furnished relevant document for activating the account when the complainant has already been issued with debit card, id No., PIN etc can only be considered as utter deriliction of duty on the part of opposite party. From the above discussions we are of the view that, the opposite party has failed to consider the grievance of a common man and has made the complainant suffer for no fault on her part. The complainant has to be defenitely compensated for the sufferings caused to her due to the deficiency in service on the part of the opposite party. 6. Hence we find that the complainant is entitled for refund of Rs. 10,000/- with 9% interest from 17/4/2007 along with Rs. 5,000/- towards compensation and costs.
In the result, the complaint is allowed. The opposite party shall refund Rs. 10,000/- with 9% from 17/4/2007 along with Rs. 5,000/- towards compensation and costs within a period of one month from the date of receipt of the Order failing which execution proceedings can be initiated.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of January, 2011. S.K.SREELA, MEMBER. G.SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER.
ad.
C.C.No. 173/2007 APPENDIX I. Complainant’s witness: PW1 : Sindhu II. Complainant’s documents: P1 : Copy of cash receipt dated 17/4/2007 P2 : Copy of Visa Cards P3 : Copy of Customer ID No: 512628249 from ICICI Bank P4 : Cheque Book in original bearing Nos. 042466 – 80 (15 Nos.) P5 : Copy of communications with ICICI Bank P6 : Copy of notice dated 2/6/2007 P7 : Copy of postal receipt dated 2/6/2007 P8 : Copy of letter dated 4/7/2007 Opposite party’s witness : NIL
Opposite party’s documents : NIL
PRESIDENT
| | [ Smt. Beena Kumari. A] Member[ Sri G. Sivaprasad] PRESIDENT | | 
