<br /> <br /> <br /> By R. VIJAYAKUMAR, MEMBER<br /> <br /> Complainant filed this complaint to set aside the demand produced by the opp.party.<br /> <br /> Contend of the complaint see can be summarized as follows:<br /> <br /> The opp.party and development Officers of ICICI Bank approached the complainant and prevailed upon him with offers, the complainant opened a current A/c.No. 626605007624 with the opp.party. As per practice of the opp.party, no pass book issued but bimonthly statements were issued to the complainant without reading the contents, the complainant signed several blank papers as directed by the opp.party. Despite of request of the complainant, opp.party informed the copies and be served only after the said form we duly countersigned by the Regional Level Officer. Complainant had not received the copy yet.<br /> <br /> Complainant used to receive some computer generated statements of accounts periodically, disclosing huge defits by way of RCA charges, Mob charges etc. The complainant was continuously questioning such debits and was being assured by the opp.party that the same should be reversed and he pressurized the complainant to avail a personal Loan from the Bank. Smelling danger complainant declined and on 4.8.03 he instructed the opp.party to get the account closed and the manager informed him that the account has been closed with a balance of Rs.1.62 only.<br /> <br /> After this also some more messages sent by the opp.party through complainant’s mobile phone, and on enquiry by the complainant it was explained by the opp.party that though the account has been closed the electronic system has not been deactivated and complainant need not bother about that meaningless messages. Apprehending damages the complainant issued an Advocate notice to the opp.party dated 14.3.2006 that the account we closed with effect from 4.8.2003, that he will not liable for any warranted payments. Opp.party received notice but that was not replied. <br /> <br /> Strangely complainant received a statement as on 31.3.2006 from the bank stating a debit balance of Rs.11341.29 and some other head claims which as alleged. Opp.party has no right to charge such await after 4.8.2003. Hence the complaint filed the complaint to set aside the demand produced by the opp.party.<br /> <br /> Complainant filed affidavit. Opp.party remains absent. Hence the stands exparte. Exhibits P1 to P10 marked as evidence.<br /> <br /> <br /> The points which are to be determined are:<br /> <br /> [1] Whether there is deficiency in service on the part of the opp.party.<br /> [2] Whether the complainant is bound to pay the amount demanded by the opp.party.<br /> <br /> <br /> <br /> Complainant could prove his case through his complaint, affidavit and exhibits.<br /> <br /> <br /> There is deficiency in service on the part of opp.party. Opp.party is directed to terminate complainant’s account with effect from 14.3.2006, the date which legal notice sent to the opp.party by the complainant and to set aside the demands afterwards. The order is to be complied within one month of the date of receipt of this order.<br /> <br /> <br /> <br /> Dated this the 31st day of March, 2008.<br /> <br /> <br /> <br /> <br /> I n d e x<br /> <br /> List of witnesses for the complainant<br /> PW.1.: Nil<br /> <br /> <br /> List of documents for the complainant<br /> P1. – Statement of account as on 30.11.2004.<br /> P2. – Statement of account as on 31.1.2005<br /> P3. – Statement of account as on 30.4.2005<br /> P4. –Statement of account 30.9.2005<br /> P5. – Statement of account as on 30.11.2005<br /> P6. – Statement of account as on 31.12.2005<br /> P7. – State of account as 28.2.06<br /> P8. - Legal notice<br /> P9. – Statement of account as on 31.3.2006<br /> P10. – Statement of account as on 30.9.2007<br /> <br /> <br /> <br />