NCDRC

NCDRC

RP/3732/2011

ICICI BANK LTD. - Complainant(s)

Versus

NASIR AHMED ALI - Opp.Party(s)

M/S. KAPOOR & CO.

25 Apr 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3732 OF 2011
 
(Against the Order dated 28/02/2011 in Appeal No. 2920/2010 of the State Commission Karnataka)
1. ICICI BANK LTD.
T.B Road, Hubli
Dharwd
Karnataka
...........Petitioner(s)
Versus 
1. NASIR AHMED ALI
S/o Malanggab Budankhan, R/o Plot No- 11, Azad Colony, hubli
Dharwd
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. G. G. Padmakar, Advocate
For the Respondent :NEMO

Dated : 25 Apr 2012
ORDER

Delay of 55 days in filing the revision petition is condoned.

Complainant/respondent is Account holder of the petitioner bank having ATM facility.  Respondent came to the Bank to deposit Rs.2628/-.  There he came to know about a scheme under which the petitioner bank proposed to advance loan of Rs.3,00,000/- on interest @ 1%.  That was subject to the condition that the minimum balance in the account should be Rs.1,50,000/-.  Petitioner bank also


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promised to convert Silver ATM card to Gold ATM card.  Complainant for availing the said scheme deposited Rs.1,50,000/- on 28.11.2007.  Thereafter, when he approached the petitioner Bank the silver card was not accepted by the ATM machine and the transaction was declined.  He approached the petitioner bank which informed him that a new gold ATM card has been posted and a new password number has been allotted to him to operate the said ATM card. 

Petitioner bank through design or negligently couriered the Card at a different address.  The password was sent by post.  In the meantime respondent’s account was fraudulently operated between 28.11.2007 to 30.11.2007 and a sum of Rs.1,50,222/- was withdrawn from it.   Respondent came to know about the fraudulent transaction and approached the petitioner bank which assured him that necessary steps would be taken against the defaulting officials and his money would be returned.  Nothing was done.  Respondent sent a legal notice to which no reply was sent.   Aggrieved by this complainant filed the complaint before the District Forum.

 

 

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District Forum allowed the complaint and directed the petitioner bank to pay a sum of Rs.1,50,222/- to the complainant along-with interest @ 6% p.a.

Petitioner accepted the order of the District Forum and did not file any appeal.

          Complainant not satisfied with the order of the District Forum filed the appeal before the State Commission seeking compensation as well as enhancement of interest.  State Commission partly allowed the appeal.  Instead of interest the State Commission awarded a lump sum of Rs.50,000/- and Rs.1000/- as costs.                 

          Petitioner being aggrieved has filed the present revision petition.

          Since the petitioner had accepted the order of the District Forum and did not file any appeal, the order of the District Forum directing the petitioner to pay Rs.1,50,222/- along with interest attained finality.  Petitioner has filed the present revision petition against the order of the State Commission to pay the lump sum of Rs.50,000/- instead of interest @ 6% p.a. w.e.f. 01.12.2007 till date. 


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Interest calculated @ 6% on the sum of Rs.1,50,222/- from 01.12.2007 as on date would come to more than Rs.30,000/-.  Negligence of the petitioner is writ large.  The State Commission in its discretion has awarded a lump sum compensation in place of interest.  No ground for interference is made out.  Such type of litigation for a meager amount of Rs.20,000/- by a Bank is wastage of time and money.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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