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  • Consumer Courts Order Against ICICI Bank For Deficent Services, Unfair & Restrictive Trade Practise With Discrimination.

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    BEFORE CONSUMER DISPUTE REDRESSAL FORUM MUMBAI SUBURBAN DISTRICT Admn.Bldg., 3rd Flr, Nr.Chetana College, Bandra (E), Mumbai 400 051. Complaint No.DF/MSD/225/08 Date of Filing-21/4/2008 Date of Order-22/10/2008 Mr.Uday Manjunath Prabhu A5, Raigad Niketan Chakala, Andheri (E) Mumbai 400 099. Complainant v/s. ICICI Bank Corp. Office ICICI Bank Towers Bandra Kurla Complex Mumbai 51. Opponent Present- Shri.R.D.Gate, President Smt.Deepa S.Bidnurkar, Member Shri.V.G.Joshi, Member Complainant present. Opponent exparte. Judgment Per Shri.R.D.Gate, Hon’ble President- Complainant has filed this complaint u/s 12, 13, 14 (1)(d)(f)(i), 2(1)-(aa), (b-i), (c-i & iii), (d-ii), (e), (g), (nnn), (o) and (r ) of Consumer Protection Act, 1986 on account of deficiency in service with acts of defaults, mistrust and dismay by intentionally not following the payment of interest terms/procedures on FDR service contract with willful discrimination and punishment for filing claims before this Forum. The case of the complainant in short is that he is cardiac patient and industrial consultant . He had lodged complaint against the opponent for demat account . He is holding saving bank account with the opponent since 2 April 2005 and intended to save and invest some money a quantum deposit FDR Account from 4/10/2007 by quantum receipt 4651571. The first quarterly interest was due on 5/1/2008 which remained unpaid till filing of complaint on 21/4/2008. Thus opponent intentionally discriminated the complainant in not paying quantum interest in time by way of punishment and causing mental and physical harassment as he has already lodged complaint no.460/07 which is pending before this Forum. Complainant duly intimated this fact to the official of opponent but they failed to take timely action and did not justify mechanism behind deficient services and no prompt action was taken by them for more than 111 days. Hence, he has filed this complaint for discrimination, deficiency in service. It also amounts to unfair trade practice by exhausting the complainant and making him to file such complaint. He approached Consumer Resource and Grievance Redressal System of The Core Centre by filing complaint no.27478 on 16/4/2008 but did not yield any result till date. It also violated Banking Regulation Act 1949. Opponent have breached the terms and conditions of the Specific Agreement of FDR. This Forum has jurisdiction to try the case. Complaint is filed in limitation. Complainant has prayed for due interest amount of Rs.11,498/- due as on 5/1/2008 alongwith interest @ Rs 3 per day w.e.f.5/1/2008 ( @9.5% only compounded) for overdue payment until payment is credited to his SB Account. Complainant has prayed for compensation of Rs.15,000/- for economic/financial damages. Complainant has filed affidavit of service of notice of this complaint to the opponent and also copy of notice dt.22/4/2008. Complainant has produced copy of Quantum Deposit as well as letter issued by the Bank 3 dt.5/4/2008 and cheque sent by the Bank bearing no.226394 dt.5/4/2008 for Rs.11281/-. Opponent did not remain present and did not file written statement. Hence, case was proceeded exparte against the opponent. Perused complaint and heard submissions made by the complainant in person in support of his

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    BEFORE CONSUMER DISPUTE REDRESSAL FORUM MUMBAI SUBURBAN DISTRICT Admn.Bldg., 3rd Flr, Nr.Chetana College, Bandra (E), Mumbai 400 051. Complaint No.DF/MSD/225/08 Date of Filing-21/4/2008 Date of Order-22/10/2008 Mr.Uday Manjunath Prabhu A5, Raigad Niketan Chakala, Andheri (E) Mumbai 400 099. Complainant v/s. ICICI Bank Corp. Office ICICI Bank Towers Bandra Kurla Complex Mumbai 51. Opponent Present- Shri.R.D.Gate, President Smt.Deepa S.Bidnurkar, Member Shri.V.G.Joshi, Member Complainant present. Opponent exparte. Judgment Per Shri.R.D.Gate, Hon’ble President- Complainant has filed this complaint u/s 12, 13, 14 (1)(d)(f)(i), 2(1)-(aa), (b-i), (c-i & iii), (d-ii), (e), (g), (nnn), (o) and (r ) of Consumer Protection Act, 1986 on account of deficiency in service with acts of defaults, mistrust and dismay by intentionally not following the payment of interest terms/procedures on FDR service contract with willful discrimination and punishment for filing claims before this Forum. The case of the complainant in short is that he is cardiac patient and industrial consultant . He had lodged complaint against the opponent for demat account . He is holding saving bank account with the opponent since 2 April 2005 and intended to save and invest some money a quantum deposit FDR Account from 4/10/2007 by quantum receipt 4651571. The first quarterly interest was due on 5/1/2008 which remained unpaid till filing of complaint on 21/4/2008. Thus opponent intentionally discriminated the complainant in not paying quantum interest in time by way of punishment and causing mental and physical harassment as he has already lodged complaint no.460/07 which is pending before this Forum. Complainant duly intimated this fact to the official of opponent but they failed to take timely action and did not justify mechanism behind deficient services and no prompt action was taken by them for more than 111 days. Hence, he has filed this complaint for discrimination, deficiency in service. It also amounts to unfair trade practice by exhausting the complainant and making him to file such complaint. He approached Consumer Resource and Grievance Redressal System of The Core Centre by filing complaint no.27478 on 16/4/2008 but did not yield any result till date. It also violated Banking Regulation Act 1949. Opponent have breached the terms and conditions of the Specific Agreement of FDR. This Forum has jurisdiction to try the case. Complaint is filed in limitation. Complainant has prayed for due interest amount of Rs.11,498/- due as on 5/1/2008 alongwith interest @ Rs 3 per day w.e.f.5/1/2008 ( @9.5% only compounded) for overdue payment until payment is credited to his SB Account. Complainant has prayed for compensation of Rs.15,000/- for economic/financial damages. Complainant has filed affidavit of service of notice of this complaint to the opponent and also copy of notice dt.22/4/2008. Complainant has produced copy of Quantum Deposit as well as letter issued by the Bank 3 dt.5/4/2008 and cheque sent by the Bank bearing no.226394 dt.5/4/2008 for Rs.11281/-. Opponent did not remain present and did not file written statement. Hence, case was proceeded exparte against the opponent. Perused complaint and heard submissions made by the complainant in person in support of his

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    Consumer Courts Order Against ICICI Bank For Deficent Services, Unfair & Restrictive Trade Practise With Discrimination.

    Uploaded by

    prabhuum
    BEFORE CONSUMER DISPUTE REDRESSAL FORUM MUMBAI SUBURBAN DISTRICT Admn.Bldg., 3rd Flr, Nr.Chetana College, Bandra (E), Mumbai 400 051. Complaint No.DF/MSD/225/08 Date of Filing-21/4/2008 Date of Order-22/10/2008 Mr.Uday Manjunath Prabhu A5, Raigad Niketan Chakala, Andheri (E) Mumbai 400 099. Complainant v/s. ICICI Bank Corp. Office ICICI Bank Towers Bandra Kurla Complex Mumbai 51. Opponent Present- Shri.R.D.Gate, President Smt.Deepa S.Bidnurkar, Member Shri.V.G.Joshi, Member Complainant present. Opponent exparte. Judgment Per Shri.R.D.Gate, Hon’ble President- Complainant has filed this complaint u/s 12, 13, 14 (1)(d)(f)(i), 2(1)-(aa), (b-i), (c-i & iii), (d-ii), (e), (g), (nnn), (o) and (r ) of Consumer Protection Act, 1986 on account of deficiency in service with acts of defaults, mistrust and dismay by intentionally not following the payment of interest terms/procedures on FDR service contract with willful discrimination and punishment for filing claims before this Forum. The case of the complainant in short is that he is cardiac patient and industrial consultant . He had lodged complaint against the opponent for demat account . He is holding saving bank account with the opponent since 2 April 2005 and intended to save and invest some money a quantum deposit FDR Account from 4/10/2007 by quantum receipt 4651571. The first quarterly interest was due on 5/1/2008 which remained unpaid till filing of complaint on 21/4/2008. Thus opponent intentionally discriminated the complainant in not paying quantum interest in time by way of punishment and causing mental and physical harassment as he has already lodged complaint no.460/07 which is pending before this Forum. Complainant duly intimated this fact to the official of opponent but they failed to take timely action and did not justify mechanism behind deficient services and no prompt action was taken by them for more than 111 days. Hence, he has filed this complaint for discrimination, deficiency in service. It also amounts to unfair trade practice by exhausting the complainant and making him to file such complaint. He approached Consumer Resource and Grievance Redressal System of The Core Centre by filing complaint no.27478 on 16/4/2008 but did not yield any result till date. It also violated Banking Regulation Act 1949. Opponent have breached the terms and conditions of the Specific Agreement of FDR. This Forum has jurisdiction to try the case. Complaint is filed in limitation. Complainant has prayed for due interest amount of Rs.11,498/- due as on 5/1/2008 alongwith interest @ Rs 3 per day w.e.f.5/1/2008 ( @9.5% only compounded) for overdue payment until payment is credited to his SB Account. Complainant has prayed for compensation of Rs.15,000/- for economic/financial damages. Complainant has filed affidavit of service of notice of this complaint to the opponent and also copy of notice dt.22/4/2008. Complainant has produced copy of Quantum Deposit as well as letter issued by the Bank 3 dt.5/4/2008 and cheque sent by the Bank bearing no.226394 dt.5/4/2008 for Rs.11281/-. Opponent did not remain present and did not file written statement. Hence, case was proceeded exparte against the opponent. Perused complaint and heard submissions made by the complainant in person in support of his

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    BEFORE CONSUMER DISPUTE REDRESSAL FORUM

    MUMBAI SUBURBAN DISTRICT


    Admn.Bldg., 3rd Flr, Nr.Chetana College, Bandra (E), Mumbai 400 051.
    Complaint No.DF/MSD/225/08
    Date of Filing-21/4/2008
    Date of Order-22/10/2008
    Mr.Uday Manjunath Prabhu
    A5, Raigad Niketan
    Chakala, Andheri (E)
    Mumbai 400 099. Complainant
    v/s.
    ICICI Bank
    Corp. Office ICICI Bank Towers
    Bandra Kurla Complex
    Mumbai 51. Opponent
    Present- Shri.R.D.Gate, President
    Smt.Deepa S.Bidnurkar, Member
    Shri.V.G.Joshi, Member
    Complainant present.
    Opponent exparte.
    Judgment Per Shri.R.D.Gate, Honâ ble President-

    Complainant has filed this complaint u/s 12, 13, 14 (1)(d)(f)(i), 2(1)-(aa), (b-i), (c-i &
    The case of the complainant in short is that he is cardiac patient and industrial consultan
    2
    April 2005 and intended to save and invest some money a quantum deposit FDR Account from 4/
    to unfair trade practice by exhausting the complainant and making him to file such complain
    Complainant has filed affidavit of service of notice of this complaint to the opponent and
    3
    dt.5/4/2008 and cheque sent by the Bank bearing no.226394 dt.5/4/2008 for Rs.11281/-.
    Opponent did not remain present and did not file written statement. Hence, case was proceed
    Perused complaint and heard submissions made by the complainant in person in support of his
    Following points arise for my consideration.
    Points Finding
    1.Does complainant prove that opponent committed Yes
    Deficiency of service?
    2.Is he entitled for compensation and legal charges? Yes

    3.What order? As per order pass below.


    Reasons-
    Perused complaint and heard submissions of complainant in person. As per the documentary ev
    4
    argument, complainant stated that the opponent sent him cheque of Rs.10,119/- on 24/4/2008
    ORDER
    1.Opponent is directed to pay interest @ 18% p.a. on the interest amount of Rs.11,498/- due
    2.Opponent is directed to pay balance amount of interest of Rs.1379/- due since 5/1/2008 al
    3.Opponent do pay compensation of Rs.5,000/- to the complainant towards economic and financ
    4.Opponent do pay compensation of Rs.5,000/- towards physical and mental agony and Rs.1,000
    5.Opponent shall comply with the aforesaid order within one month from the date of receipt
    6.Copy of order be supplied to both the parties free of cost.
    Mumbai
    /10/2008
    (R.D.Gate)
    President
    \
    We agree,
    (V.G.Joshi) (Smt.Deepa S.Bidnurkar)
    Member Member
    rsc

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