DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 200/2015
Date of Filing: Date of Admission Date of Disposal:
27.03.2015 30.03.2015 21.09.2015
Complainants = Vs. = O.Ps.
Sri Sukhdeb Gain 1. The Manager, ICICI Bank
S/o. Sri Hrishikesh Gain Barasat Branch, office of 44,
resident of Akrampur, Anandapuri, Krishnanagar Road, Nabapally
HBM Bhata, P.O.-Noapara, Barasat, P.S.-Barasat
area Sainiknagar, Kolkata-700126, Dist-24 Pgs(N)
Kolkata-700125, 2. Sumit Kumar Singh
Dist-North 24 Parganas. Privilege Banker
ICICI Bank, working for gain at
ICICI Bank, Barasat Branch of 44
Krishnanagar Road, Nabapally
Barasat, P.S.-Barasat,
Kolkata-700126, Dist-24 Pgs(N).
Advocate Name for the complainant:- M.N. Mondal
Advocate Name for the OPs:- Bibhas
J U D G E M E N T
Facts of the case, in short, is that the complainant has a bank account being no-082401505127 in ICICI Bank, Barasat Branch, situated office at 44, Krishnanagar Road, Nabapally, Barast, Kolkata-700126.
Complainant stated that on 10.01.2014 in the above named account the complainant received amounting to Rs 25, 00, 000/- only by way of cheque and thereafter on 11.01.2014 the complainant went to the office of OP No-1 and requested to OP No-1 to make a fixed deposit amounting to Rs 10, 00, 000/- out of the said amount and the OP No-1. The Bank Manager meets with the OP No-2 for the matter.
Complainant also stated that accordingly the complainant disclose his willing to the OP No-1 for fixed depositing amounting to Rs 10, 00, 000/- but the OP No-1 and 2 asked the complainant that it is unable to do the same and for which the OP No-1 and 2 advised the complainant the said for fixed depositing the same and there is no difficulties to encash the same by the complainant and
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for which the complainant accepted the proposal of the OP No-1 and 2 and on the request of the OP No-1 and 2, the complainant signed two documents for fixed depositing amounting to Rs 7, 00, 000/- and Rs 3, 00, 000/- and the OP No-1 and 2 also informed the complainant at any moment he will obtain loan 90% from the said two fixed deposited amount i.e. Rs 7, 00, 000/- and Rs 3, 00, 000/-.
Complainant further stated that thereafter in the month of February the complainant went to the office of the OP No-1 for encash the said two fixed deposit but the office employee disclose that it is unable to encash the fixed deposited amount of Rs 3, 00, 000/- and for which the complainant encash the said fixed deposit amounting to Rs 7, 00, 000/- and when the complainant asked to the OP No-1 in respect of his another fixed depositing amounting to Rs 3, 00, 000/-. The OP No-1 took time for one month for the matter and also signed a paper and kept the original passbook from the complainant and the complainant with the good faith do the same as the complainant was assured by the OP No-1 to solve the problem within the few days.
Complainant stated that thereafter in the month of March the complainant further went to the office of the OP No-1 and several times went to the office of the OP No-1 and requested the OP No-1 to encash the said fixed deposited amounting to Rs 3, 00, 000/- the OP No-1 sent the complainant to the Kankurgachi Branch and the said branch did not gave any satisfaction answer to the complainant and assured the complainant the disputes should be solved within 7 to 10 day and in this manner the complainant several times went to the said office but all the attempts of the complainant were in vain.
Complainant also stated that finding no other alternative the complainant further went to the office of the OP No-1 for resolving disputes the OP No-1 further sent the complainant to Habra Branch and the complainant disclose the matter and also lodged a complaint on 01.05.2014 for settlement of the matter over the disputes of fixed depositing amounting to Rs 3, 00, 000/- but the complainant not to get any relief from their end.
Complainant further stated that the complainant went to the office of OP No-1 on 17.06.2014 and filed an application to the OP No-1 for settling matter and the OP No-1 disclose the complainant that the fixed deposited amount of Rs 3, 00, 000/- was invested in the Life Insurance sector of ICICI Prudential and for which before the maturity it is unable to return the said amount. The complainant after knowing the facts became hopeless and it is fact that the complainant is an physical disable person and his educational qualification is class-IV and the
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complainant earns a few from cultivation. That for such illegal joint acts of the OP No-1 and 2 the complainant came to understand clearly that he has been misleader by the OP Nos. 1 and 2 for the interest of the OPs.
Complainant stated that on the date the authority concern heard both the sides and after hearing the matter authority concern passed an order Today both the parties turned up at the hearing, the OP informed that there is provision of refund of the amount of Rs 3, 00, 000/- unless it is continued at least for three years. Hence it is not possible to finalize this claim in this Forum. The complainant is advised to move to the appropriate forum. Hence the complaint.
OP No-1 appeared but did not file any file any written version subsequently. Hence the case was taken up for exparte hearing.
Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant submitted the affidavit in chief along with the documents which proves the complainant’s case. Accordingly the complainant is entitled to get relief as prayed for.
Hence
Ordered,
that the complaint be and the same is allowed exparte against the O.Ps.
O.P No-1 is directed to pay Rs 3, 00, 000/- to the complainant which was deposited by the complainant as fixed deposit within one month from the date of this order.
OPs are also directed to pay compensation of Rs 5, 000/- and litigation cost of Rs 5, 000/- to the complainant within one month from the date of this order, failing which OPs shall have to pay sum of Rs 100/- per days from the date of this order till it realization, as punitive damages, which shall be deposited by the OPs in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
Mondal & Others.
