In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   121 / 2009.

1)                   Mr. Kamal Kumar Modi,

95/N, Nalini Ranjan Avenue, Kolkata-700053.                              ---------- Complainant

---Versus---

1)                   M/s. ICICI Bank Limited, Represented by its Director,

Reg. Office – ICICI Bank Towers, Bandra Kurla Complex,

Bandra (East), Mumbai-400051.                                                  ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   2 7    Dated  30/01/2012.

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 he has savings bank account being no.037201001255 with the o.p. and the complainant was operating the said account by cheque book issued by the said bank and never received any debit card from the said bank and complainant from the statement for he period from 28.5.08 to 11.10.08 noticed that a sum of Rs,.1,09,280.62 was debited from his said account towards unlawful encashment out of which Rs.111/- is for debit card fees and FIR was lodged on 15.10.08 by the complainant in New Alipore P.S. vide annex-C. Complainant requested the o.p. to reverse those entries of Rs.1,09,280.62 from the said SB account of the complainant, but o.p. did not pay heed to them. Thereafter o.p. sent lawyer’s notice, but no reply from the o.p. was received by complainant. Hence, the case.

            O.p. had entered its appearance by in this case by filing w/v 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 the evidence and documents in particular and from annex-C of w/v filed by o.p. it is seen that the debit card was sent by courier service and the same was received by someone other than the complainant. The Forum is of the view that debit card is a serious document and the same ought to have been handed over to the person concerned after proper identification so that it reaches to the proper person herein the complainant, but the annex-C does not hold the case of the o.p. Therefore, we are of the view that o.p. had sufficient deficiency being service provider to a consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to reverse the entries of Rs.1,09,280.62 (Rupees one lakh nine thousand two hundred eighty and sixty two paise) only  to the credit of the complainant in above mentioned savings bank account number with at the rate of prevalent interest from time to time in the bank. O.p. is further directed to pay a compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony towards the complainant and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.e. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till the date of realization.

            Supply certified copy of this order to the parties.

   ____Sd_____                                                    ______Sd-______

     MEMBER                                                           PRESIDENT