DATE OF FILING                    :     12-02-2014.

DATE OF S/R                            :      10-04-2014.

DATE OF FINAL ORDER       :      12-05-2015.  

Mitali Singha,

wife of Sri Subrata Singha,

residing at Dharsa Seth Para, P.O. G.I.P. Colony, P.S. Jagacha,

District Howrah………………………………………………………  COMPLAINANT.

• Versus -

   

  1.         The Manager,

  ICICI Bank, Bhowanipore Branch, Bhowanipore,

  Kolata 700 020.

   

  2.         Md. Anish,

  ICICI Bank, Brabourne Road Branch,

  P-15, Portugees Church Street,

  opposite of Holdiram,

  Kolkata 700 001…………………………………………….OPPOSITE PARTIES.

   

                                                  P   R    E     S    E    N     T

   

  Member In Charge      :      Smt. Jhumki Saha.

                                          Member       : Shri Subrata Sarker.

   

                                                   F  I   N   A    L       O   R   D    E     R

  1. Complainant, namely Mitali Singha,by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund  the deposited amount of Rs. 10,200/- with up to date interest @ 10% p.a. and  to pay Rs. 90,000/- as compensation along  with other relief or reliefs as the  Forum may deem fit and proper. 

2. Brief fact of the case is that complainant, on being persuaded by the o.p. no. 2, agent of o.p. no. 1,paid Rs. 10,200/-by cheque being no. 828990 dated 16.11.2010 in favour of ICICI Bank for opening a saving bank account. But o.p. no. 2 never issued any pass book as well as any account number in favour of complainant since the payment made by the complainant. It is surprising enough that o.p. no. 1 started sending current bank account statement after four months. So complainant contacted o.p. no. 1, even sent one lawyer’s letter dated 18.7.2013 and 09.01.2014. But o.p. no. 1 remained silent after receiving the said advocate’s letters from the complainant. It is further stated by the complainant that although at the time of making payment of Rs. 10,200/- on 16.11.2010 for opening the account, she put her signature on some typed banking forms but it is a fact that she never operated the said account as she did not even know the bank account number as o.ps. never deliver the same. Complainant repeatedly requested the o.p. no. 2 to do the needful but no fruitful result came out and on the other hand o.p. no. 1 sent the last current bank account statement on 31.12.2013 showing the debit balance of Rs. 1,75,736.51. Finding no other alternative the complainant filed this instant complaint praying for direction upon the o.ps. to refund the deposited amount of Rs. 10,200/- and Rs. 90,000/- as compensation for mental agony and pain. Hence the complaint.

3. Notices were served. O.ps. appeared and filed written version. Accordingly, case was heard on contest.

4. Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

2. Whether the complainant is entitled to get any relief as prayed for ?

DECISION  WITH   REASONS      :

5. Both the points aretaken up together for consideration. We have carefully gone through the complaint petition along with the annexures filed by the complainant and W/V filed by the o.ps. along with the annexures and noted their contents. Firstly it is to be mentioned that complainant issued a cheque in favour of o.p. on 27.10.2010 and not on 16.11.2010 and also a paying slip dated 27.10.2010 for an amount of Rs. 10.200/- was filled in by the complainant herself stating therein the savings account number as 627601511527 from which it is crystal clear that the complainant knew her account number. And the cheque dated 27.10.2010 is of another bank, namely, United Bank of India, Jagacha Branch, Howrah. It is stated by the o.ps. in para no. 5 of the W/V that complainant herself opted twice for opening different accounts with the o.ps. by submitting necessary KYC documents. On 27.10.2010 she submitted KYC for opening a savings account which was duly opened by o.p. ICICI Bank, at their Brabourne Road Branch being account no. 627601511527. Subsequently on 27.1.2011, it is alleged by the o.ps. that complainant again submitted KYC documents for opening a current account which was also opened by o.p. ICICI Bank at their Bhawanipore Branch bearing account no. 627505026481. But o.ps. have failed to submit the copy of application form to establish that the complainant herself opted for opening a current account.From Annexure ‘A’ filed by o.ps. it is evident that the saving bank account being 627601511527 was opened for which o.ps. also raised Branch Confirmation for Cash Deposit of Rs. 10,200/- in the name of the complainant. But we do not find any such document in respect to opening of current account being no. 627505026481 opened in the name of the complainant. It clearly suggests that the current account was opened by the o.ps. on their own accord. However, o.ps. have submitted a letter dated 24.07.2012 sent by the office of the Director, Economic Offences Investigation Cell Finance Department, Government of West Bengal, to o.p. no. 1 asking for furnishing information with respect to the current account number 627505026481 held by Mitali Singha which is not a tall an issue to be decided by this Forum. O.ps. have also claimed that they have sent cheque book for the savings account having 15 leaves, debit card, debit card pin mailer, debit card booklet with account number which were received by the complainant but no acknowledgement receipt has been annexed by the o.ps.Under the above circumstances, we are of the candid opinion that the o.ps. adopted unfair trade practice with respect to the current account in question. Accordingly the case succeeds on merit.

     Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 68  of 2014 ( HDF 68  of 2014 )  be  allowed on contest   with  costs  against  the O.Ps.     

      That the  O.Ps.  are jointly and severally   directed   to  refund Rs. 10,200/- to the complainant  in question  within one month from this order  i.d., @ 9% p.a. interest shall be charged on the entire decreetal amount till actual payment.

            The complainant do get an award of Rs. 2,,000/- as compensation and Rs. 1,000/-  as litigation cost and o.ps.  are directed to pay the entire decreetal amount of  Rs. 13,200/- within one month from this order i.d. amount shall carry an interest @ 9% p.a. till actual payment

      The complainant is  at liberty to put the decree into execution after expiry of the appeal period.

       Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member In Charge, C.D.R.F.,Howrah.