NCDRC

NCDRC

FA/47/2012

KAILASH KISHORE DAS - Complainant(s)

Versus

REGIONAL MANAGER, ICICI BANK LTD. - Opp.Party(s)

MR. SHAKTI K. PATTANAIK

04 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 47 OF 2012
 
(Against the Order dated 27/12/2011 in Complaint No. 52/2011 of the State Commission Orissa)
1. KAILASH KISHORE DAS
Rep. Through Tapas Das (Complainant-2) R/o. HIG-31, Kolathia, Phase No. 1, satya Priya Nivas,
Bhubaneswar-751009
Orissa
...........Appellant(s)
Versus 
1. REGIONAL MANAGER, ICICI BANK LTD.
OCCF Building Kharavela Nagar,
Bhubaneswar,
Orissa
...........Respondent(s)

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

For the Appellant :
Mr. S. Mukharjee & Mr. Shakti K. Pattnaik, Advocates
For the Respondent :NEMO

Dated : 04 Jul 2012
ORDER

Appellant got a loan sanctioned for Rs.46,40,000/- for purchase of a flat allotted to him by Orissa Housing Board.  Grievance of the appellant is that the respondent bank failed to disburse the amount, although the bank deducted the EMIs from his Account. 

          Respondent on being served filed Written Statement stating therein that they had demanded a document from the complainant/appellant who instead of providing the said document to them wrote an e-mail advising them ‘to use their brains’.  As the bank did not want to deal with such a consumer the loan was not disbursed.  \

 

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According to the appellant the said document was with the Housing Board and, therefore, he could not produce the same before the bank.

          State Commission partly allowed the complaint and directed the respondent to refund the EMIs that had been deducted from the appellant’s Account along with interest @ 12% p.a.  Bank was also directed to refund the processing fee to the appellant.  State Commission did not grant any compensation to the appellant.

          Present appeal has been filed seeking compensation and No Objection Certificate.

          The appellant instead of writing to the respondent that the document was not available, as the same had been with the Housing Board, wrote a nasty e-mail advising them to use their brain.  The appellant never informed the respondent that the desired document was with the Housing Board.  Under the circumstances, the bank was justified in refusing to deal with the appellant.  The amount deposited by the appellant along with the processing fee has already been ordered to be returned to him.  We agree with the view by the State Commission that the appellant was not entitled to any compensation.  No ground for


 

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interference is made out.  Dismissed.

 

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

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