In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  120  / 2009.

1)                 Mr. Kamal Kumar Modi,

95/N, Nalini Ranjan Avenue, Block-E, Kol-53.                               ---------- Complainant

---Versus---

1)                  M/s. ICICI Bank Limited,

Durgapore Colony, New Alipore, Kolkata-700053.                              ---------- Opposite Parties

Present :        Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   2 7    Dated  3 0 / 0 1 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Mr. Kamal Kumar Modi against the o.p. ICICI Bank Ltd.  The case of the complainant in short is that complainant had a SB A/C no.031701504753 with o.p. bank at Duragapur Colony, New Alipore Branch and he was operating the aforesaid account by cheque book provided by o.p. but he never received debit car although o.p. stated that they issued debit card in favour of the complainant and from the statement of the bank from 1.2.08 to 13.10.08 complainant noticed some entries of withdrawals from ATMs of different banks wherefrom cash amount were withdrawn besides some purchases made from stores, petrol pump through the said debit card. Complainant after going through the same contacted the o.p. and lodged FIR on 15.10.08 with New Alipore P.S. with a prayer for stopping further withdrawal from the said account. It is further case of the complainant that he never received any debit card in person and prayed before this Forum to reverse entries of Rs.4,30,491.22, the amount withdrawn by the said debit card. Hence the instant case filed by the complainant stating vigorous deficiencies on the part of the o.p. bank with a prayer contained in the prayer portion of the petition of complaint.

            O.p. had entered its appearance by filing w/g denying all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:

            We have gone through the pleadings of the parties and evidence as well as documents filed by the parties in particular and from page 15, the annexure with w/v filed by o.p. dt.20.7.09 we find that complainant after putting his signature received and confirmed cheque book, HPCL Debit Card and PIN, Internet Banking User ID and Pass Word relating to his savings bank account and this piece of document is sufficient proof for arriving at a decision that the complainant had actually received debit card in question on 18.2.08 and there leaves huge room for doubt with the genuineness of the case of the complainant.

            Therefore, in view of the above findings and perusal of the materials on record we are of the view that the complainant has failed to prove his case and is not entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint stands dismissed on contest without cost.

            Supply certified copy of this order to the parties.

   ____Sd____                                                     ______Sd-_______

     MEMBER                                                           PRESIDENT