BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION (NORTH

WEST), SHALIMAR BAGH, DELHI

COMPLAINT CASE NO. OF 2021

OF:
IN THE MATTER
Mr. Sunit Kumar Kothari
...Complainant

Versus
ICICI Bank Limited
...Respondent

INDEX

PARTICULARS
PAGE NO.
S.NO.
LIST OF DATES AND EVENTS
1.
2
MEMO OF PARTIES
2.
CONSUMER 3-7
SECTION 35 OF THE
COMPLAINT UNDER ALONGWITH AFFIDAVIT
3.
PROTECTION ACT 2019
DOCUMENTS 8-12
DOCUMENTS WITH
4. LIST OF
13.
VAKALATNAMA
5.

DATED -23/19/202L
DELHI PRIYANKA SETHIA
THE
COMPLAINANT
COUNSEL FOR FLOOR,
DELHI-110015
NAGAR, THIRD
priyankaghorawat@gmail.com
D-13. KIRTI E-mail:
PH: 9711251567;
aAnenlel|edhn
 BEFORE THE
CONSUMER
WEST), DISPUTES
SHALIMARREDRESSAL COMMISSION (NORTH
BAGH, DELHI
COMPLAINT CASE NO. OF 2021

IN THE MATTEROF:

Mr. Sunit Kumar Kothari

...Complainant
Versus
ICICI Bank Limited
...Respondent
LIST OF DATES AND EVENTS
Savings Bank Account maintained by the
Complainant with Respondent Bank
20.12.2018 Communication written by Respondent Bank to the
Complainant informing the Complainant about
purported Consumer outstanding Loan account
standing in the name of the Complainant. The
Respondent Bank further marked a lien on the
savings bank account of the Complainant in the sum
of Rs.49,769/-.

The Complainant was surprised and to receive the

December 18- January 19 daed 20.12.2018 immediately
communication
Respondent
contacted the customer care of the
factum that no
Bank. Upon being apprised ofthetheComplainant, the
by
Such loan was ever availedassured the Complainant
customer care exeçutives dated 20.12.2018 was
communication
that the said
the lien imposed on the
issued inadvertently and
reversed.
would be
bank account
proceeded to auto
Respondent Bank malafidely Savings Bank
The Rs.49,769/- from the
debit a sum of Complainant, which was
23.04,2019 Account of
communicated
the
by the Respondent Bank to
communication
the
dated
vide
Complainant
23.01.2019.
Bank
called upon the Respondent in the
The
Complainant afore-referred amountE-mail
refund theComplainant vide an
tointer-alia of the Respondent failed
14.08.2020 Rank Account However the
14.08.2020. e-mail.
dated said
respondtothe
to
HencethisComplainat.

ni nelellloha
 2.
BEFORE THE
CONSUMER DISPUTES REDRESSAL COMMISSION(NORTH
WEST), SHALIMAR BAGH, DELHI
COMPLAINT CASE NO. OF 2021

IN THE MATTER OF:

Mr. Sunit Kumar Kothari
...Complainant
Versus
ICICI Bank Limited
.Respondent
MEMO OF PARTIES

Mr. Sunit Kumar Kothari

Slo. Mr. Shanti Lal Kothari,
Ro.A-51, 4h Floor, Gujranwala Town,
Part 1, North West Delhi
Delhi-110009 ...Complainant
n
Versus

ICICI Bank Limited

Having its Registered Office at:
ICICI Bank Tower,
Near Chakli Circle,
Old Padra Road,
Vadodara 390 007 ...Respondent SI
Gujarat

88

Poya
DELHI PRIYANKA SETHIA
DATED 23)12/2022 COMPLAINANT
COUNSEL FOR THEFLOOR, DELHI-11001s
THIRD
D-13. KIRTINAGAR, priyankaghorawat@gmail.com
E-mail:
PH: 9711251567;

ha\elohani
 BEFORE THE
3.
CONSUMER
WEST), DSPUTES REDRESSAL
SHALIMAR
COMPLAINT CASE NO.BAGH, DELHICOMMISSION (NORTH
OF 2021
IN THE MATTER (OF:
Mr. Sunit Kumar
S/o. Mr. Shanti Lal Kothari
Rlo. A-51, 4th Floor, Kothari,
Part 1, North W
Delhi-110009 Gujranwala Town,
West Delhi

Versus
...Complainant
ICICI Bank Limited
Having its
Registered
ICICIBank Tower, Office at:
Near Chakli Circle,
Old Padra Road,
Vadodara 390 007
Gujarat
..Respondent

COMPLAINT UNDER SECTION 35 OF THE

2019
CONSUMER PROTECTION ACT,

MOST RESPECTFULLY SHOWETH:

1 That the Complainant is alaw abiding citizen of India and is residing at the
afore
referred address.

2
The Respondent herein is a Banking Company, having its office at the address
mentioned in the array of parties above.

Account with the

That the Complainant was maintaining a Savings Bank
3

time.
Respondent Bank since a considerable period of

4 Bank issued a communication dated 20.12.2018 to the

That the Respondent
Bank informed the Complainant about a
Complainant whereby the Respondent
standing in the name oftheComplainant
Purported "Consumer Loan XX4431"
outstanding. In furtherance of the same, the
allegedly
which loan account was savings bank account,
marked a lien on the
Bank arbitrarily
Respondent
 4.
standing in the
name of the
letter dated Complainant, in the sum of Rs.49,769/-, Copy of the
20.12.2018 is annexed herewith and marked as
It is
Annexure-A
5. pertinent to mention here that the
opportunity to the Respondent Bank did not afford any
Complainant to respond to the allegations levelled by the
Respondent Bank.

6 It is
further pertinent to mention here that the
Comolainant has not availed any
consumer loan much less consumer loan
bearing No, XX4431 from the
Respondent Bank.

7. The Complainant was surprised to receive the aforesaid

communication dated
20.12.2018 and immediately contacted the customer care of the Respondent
Bank. Upon being apprised of the factum that no
such loan was ever availed by
the Comnplainant, the customer care executives
assured the Complainant that the
said communication dated 20.12.2018 was issued inadvertently and the lien
imposed on the bank account would be reversed.

8 However, in defiance of the assurances made by the Respondent Bank, the

Respondent Bank malafidely proceeded to auto debit a sum of Rs.49,769/- from

the Savings Bank Account of the Complainant, which was communicated by the
Respondent Bank to the Complainant vide communication dated 23.01.2019.
Copy of the letter dated 23.01.2019 is annexed herewith and marked as

Annexure-B.
Bank tantamount to deficiency
9
That the afore referred action of the Respondent
practice.
ln service and unfair trade
again to:
10. requested the Respondent Bank time and
T'hat the Complainant

unilaterally auto debited from the Bank account of

i Refund the amounts,

the Comaplinant; Complainant.

Bank accountofthe
imposed on the
ii. Remove the lien
purported consumer loan account bearing
details of the
ii. Furnish complete
No. XX4431.
 However, the
reguests of the Respondent Bank failed to either
Complainant. respond or comply ith the

11. It is abundantly clear that the

well as its act/omission on the part of the RespondentBank as
conduct, besides being
in service. unwarranted, clearly tantamount to deficiency
That the
12.
Respondent was/is duty bound, to
debited as well as furnish the refundreverse the amount wrongly
details of the purported
alleged by the Respondent Bank. consumer lo¡n account, as

13. Under these

circumstances, the Complainant was constrained to callupon the
Respondent Bank to inter-alia refund the
afore-referred amount in the Bank
Account of the Complainant vide an E-mail
dated 14.08.2020. Copy of the said
email is annexed herewith as
Annexure-C. The said email was duly received by
the Respondent Bank and despite receipt of the same the
Respondent Bank
failed to comply with the request of the
Complainant.

14. It is therefore evident that the conduct of the

Respondent Bank has been
unwarranted and the same amounts to deficiency in service. In fact a grave

monetary loss as well as loss of reputation has been caused to the complainant.
besides the mental agony and harassment suffered by him, due to the
Respondent Bank. The Respondent Bank has therefore rendered itself liable to
refund the afore-referred amounts auto debited fYom the Savings Bank Account
effect from
of the Complainant alongwith interest computable @18% p.a. with
complainant on account
23.01.2019. till realization as well as to compensate the
harassment andI monitory loss caused to
of the loss of 1reputation, mental agony,
aforementioned conduct of the respondents.
hem due to the
provisions envisaged in the
ls, complainant is a consumer", as per the
That the
Consumer Protection Act. SuhatklallGh
 That the
16. complainant is a resident of Delhi within the jurisdiction of this
Hon'ble
Commission, and the Savings Bank Account was being maintained
with theRespondent Bank at Naraina, Delhi Branch. Hence, this
Hon oe
Commission has the jurisdiction to try and entertain the
present complaint.

That the present complaint is filed

17. within limitation.

18.
The requisite fee has been deposited by the
Complainant.
PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Forum may kindly be
pleased to:

a Direct the Respondent Bank to refund a sum of Rs. 49,769/

alongwith interest computable @18% p.a. with effect from
23.01.2019, till realization;

b) award a sum of Rs. 5,00,000/-, in favour of the Complainant, and

against the Respondent Bank, as compensation/damages, on

mental agony and
account of the monetary loss, loss of reputation,
false and malafide
harassment suffered by the Complainants due to
Respondent Bank:
representations and omissionsmade by the

proceedings, in favour of the

c) award the cost of the present
Respondent Bank;
Complainant and against the
deem
order(s) as this Hon'ble Commission may
d) such other/further
circumstances of the case
in the fact and
fit and proper

COMPLAINANT

DATED:-
DELHI
23)12/202,
THROUGH
ADVOCATE
 BEFORE THE

CONSUWEST)MER , SHALIDISPUTESMAR
IN THE N
COMPLAI
MATTER OF: NT CASE REDRES
BAGH,SADELHI
NO. L COMMISSION (NORTHOF 2021
Mr. Sunit Kumar
Kothari
ICICI Bank Limited Versus . Complainant
. .Respondent
I. Sunit Kumar
Kothari, Slo. Shanti AFFI
Lal
DAVI T
rlaor
Gujranwala Kothari, aged 61 years, Resident of
Town,Part
1, North West Delhi, A-51. 4h
affirm and declare as under: Delhi-110009, do hereby solemnly
1. I say thatI am
the
complainant in the above mentioned matter and Iam
to swear the present
affidavit. competent

2.
That the accompanying complaint has been drafted under my instructions. The
contents of the said application are true and correct to my
knowledge and may be
read as part and parcel of this affidavit.

DEPONENT

VERIFICATION:
Verified at New Delhi on this 9aav bf 2021 2021 that the contents of the above
and nothing material has been concealed
uaVit are true and correct to my knowledge

therefrom.
DEPONENT

u s / 1 Hgaranan nn
 THE
BEFORE CONSUMER DISPUTES REDRESSAL COMMISSION (NORTH
WEST), SHALIMAR BAGH, DELHI
COMPLAINT CASE NO. OF 2021

I MATTER OF:
THE
IN
Sunit Kumar Kothari
Mr.
...Complainant
Versus

ICICIBankLimited
..Respondent

LIST OF DOCUMENTSALONGWITH DOCUMENTS

PARTICULARS PAGE NO.
SNO.

Copy of the letter dated 20.12.2018 sent by the Respondent 9-10

1.
Bank to the Complainant - Annexure-A.
Respondent
2.
Copy of the letter dated 23.01.2019sent by the

Bank to the Complainant - Annexure-B.

Copy of E-maildated 14.08.2020 sent by
the Complainant 12
3.
- Annexure-C.
to the Respondent Bank

Boyaul
DELHI
DATED -23)12/2D21 PRIYANKA SETHIA
COMPLAINANT
COUNSEL FOR THEFLOOR, DELHI-110015
NAGAR, THIRD priyankaghorawat@gmail.com
D-13. KIRTI
9711251567; E-mail:
PH:
 Amnesyse-A
WcICIBank
December 20, 2018
BNPLAC.MR/DA-NM/702/16 At Voshi BPC.

Ref No.: 00053211218300-SPAD

eUNIT KUMAR KOTHARI
A-51,.GUJRANWALA
DELHI DELHI 110009
INDIA
TOWN,4TH FLOOR FLR,PART-1
SPADN

Lien on your lClCI Bank

Savings/ Current Account /FD/RD
Dear Customer, XXXXXXXX3207.
We value your relationship with ICICI Bank
We write with reterence to the ICICI Bank
M/s SUNIT KUMAR Consumer Loan XX4431'applied by Mr / Mrs
KOTHARI. We regret to inform
you that despite various reminders,
there are still outstanding dues under the above
mentioned loan account.
We have, therefore exercised the right of Banker's Lien
whereby our bank has put lien
over the captioned Account towards the outstanding dues. We have enclosed the
relevant extract from the terms. and conditions of Loan facility and Savings/ Current
account /FD/RD for your ready reference.

We also wish to inform you that ICICIBank has a Banker's lien on your account as
statutorily granted and available to any banker (including ICICI Bank) and the same right
Bank Savings/ Current
of lien has been exercised by us while marking lien on your ICICI loan.
amount due on the
account /FD/RD to the extent of any outstanding

outstanding amount of 49,769.00

urge you to pay us the total
n View of the above, we constrained to exercise our
days from the date of this letter, else we shall be account /FD/RD
wmnin T0
whereby the funds available in your Savings/ urrent
git of the facility outstanding as on the date of
debit.
will be adjusted I to the extent of loan
write to us at
information, you may
Care
For any clarification or
more
registered e-mail ID or call our Customer
from your ICICI Bank Asset
CUstomer.care@icicibank.Com Alternatively, you may visit nearest
p.m.
between 8:00 a,m, and 8:00
Servicing Branch. toinitiate
legal proceedings against you
our right
prejudiceto account.
This intimation is without respect of your
dues in
for the recovery of the entire you better,
helping uS serve
co-operationin
Looking forward to your

Bhubaneshwar 3366777
"Bhopal 3366777.
3366777"Delhi 33667777"Ernakulam 3366777
7306667777"Bengaluru33667777
osh g2867777:Dehradun dach Q@17667777 Hdorahad
 Sincerely,
Bank
ICIC, Bank Ltd.
For

Authorised.Signatory
Enclosure:Extract from the
terms and
"Banker'sLien and Set-Off:
conditions
Bank shall have the
a lCICI
charge, present as well paramount
as future,right of set-off and
lien.
lieno r
Accountof the Customer, whether in all the on
deposits irrespective
held/
of any other
payable by the SIngle balances in any
name(s), tothe ying
amounts Customer arising asnamea resltor jointof any
externdegto and/or used by the of ICICI extentservices
of all
grantedby ICICI Bank to the Customer or as a resut of any other facitities thatBank's
to settle any Customer. ICICI Bank is entitled
without
may bé
Customer
indebtedness any notice to the
whatsoever owed by the Customer to ICICI Bank,
whether actual or contingent, or whether
several, including without limitation
primary or collateral, or whether joint
indebtedness and/or
Customer to ICICI Bank hereunder or under anyunder any indemnity given by the
other document/ agreement, by
adjusting, setting-off any deposit(s) and transferring monies lying to the balance of any
Account(s) held by the Customer with ICICI Bank,
notwithstanding
balances ying in such Account(s) may not be expressed in the same
that the deposit(s)/
indebtedness. ICICI Bank's rights hereunder shall not be affected bycurrency as such
the Customer's
bankruptcy, insolvency, death or winding-up.
b)In addition to ICICI Bank's rights of set-off, lien or any other right which it may at any
he entitled whether by operation of law, contract or otherwise, the Customer
thorises ICICI Bank: (a) to combine or consolidate at any time all or any of the
nounts and liabilities of the Customer with or to any branch or office of ICICI Bank
limited (whether in India or elsewhere); and (b) to apply, set-off or transfer at any time
(withòut prior notice to the Customer) any credit balance (whether or not then due) to
which the Customer is at any time beneficially entitled (whether singly or jointly) on any
any branch or
account, in the Customer's name or jointly with any other person, with satisfaction of
elsewhere) towards the
office of lCICI Bank Limited (whether in India or liabilitis be present or future, actual
(whether such
any or all of the Customer's liabilities Terms or for the
collateral, or several or joint) tnder the
or contingent, primary or of any other facilities that may be granted by
Customer's account(s) or under the terms
ICICIBank to the Customer. set-off any sums standing
Account, IClCI Bank shall be entitled to
C) Inrespect of a joint
against the debit balance in
other accounts which may
such ioint account
10 tne credit of
holders of such joint Account.exercise any of its rights under this
De neld by one or more obligation to
d) ICICI Bank shall not be under any obligations of
Paragraph. Bank are without prejudice tothe prejudice to
rights of ICICI and without
e) The
above mentioned when due all itsindebtednessCustomer for recovery of
Bank
the Customer to payto ICICI may have against the
any other rights that ICICI Bank
ICICI Bank.
from Customer to
Outstanding Suunalel
lothani
Bhubaneshwar 3366777
33667777"Bhopal.3366777 " Ernakulam 3366777
"Bengaluru 7"Delhi 33667777
3366777- "Hvderobod 33667777
7306667777
33667777"Dehradun 9817667777
Pradesh Pradesh 3366777 va Pradesh
- Andhra3366777"Chennal 9017667777Himachal 33667777"Lucknow Madnya
"Ahmedabad 33667777Chandigarh3366777"Haryana9020667777"Kolkata 3366777 +
Panaji 3366777 " PatnaTamil Nadu
ICICI Bank Limited 8102667777"
"Bihar R000667777·Gurgaon
9692667777
80886677777"Kerala 33667777" OrissaRanchi 3366777
Shimla 3366777
Kegd, Office : 1CICI Bank Guiarat Kamataka Mumbai 7877667777
Nearar Chakli Tower, 3366777" 9021667777
Maharashtra 3366777 " Ralasthan 8101667777
Vadodara 390Circle.Old Padra Roao Jaipur Bengal
007, Guiarat, Indi8. 9098667777
7307667777 8081667777" West
Raipur
UtarPradesh
WL5190GJ1994PLC021012
bsite : www.jcicibank.com
Punjab
7305667777
hcIcI&
Bank
January23,2019
npl

.MA/DA-NM/702/16 At Vashi BPC

BNPL.
NC.
0000324011928-| RM9232867 17IN Pa
No.:
Ref

SUNITKUMAR KOTHARI
GUJRANWALA TOWN,4TH FLOOR FLR,PART-1
A-51, DELHI 110009
DELHI
NDIA

Account/FD/RD
Auto Debit on your lCiCI Bank Savings/ Current
XXXXXXX3207

Dear Customer,

relationship with ICICI Bank.

We value your 2018 on
communication dated December 20,
reference toour earlier outstanding payment of ?
We write with captioned Account against the XX4431of Mr /Mrs / M/s.
the
the lien marked on 2019 in the Loan
AccOunt
January 23,
50.068.00 as on
SUNIT KUMAR KOTHARI.
been paid, we
outstanding dues have not yetCurrent account
the Savings/
inform you that as above mentioned
We wish to
49,769.00 from your mentioned Loan Account.
debited the above
have outstandingdues on write to us at
towards the
FD/RD you may Customer
more
information,
e-mail lD or call our
nearest ICICI
registered
For any clarification
CUSTOmer.care@icicibank.com from yourAlternatively, you may visit
p.m.
8:00 a.m. and 8:00
are between Branch. you better.
Bank Asset Servicing in helping usserve
co-operation
Looking forward to your

Sincerely,
For ICICIBank Ltd.

Sumhaniiellhai
Authorised Signatory

36E77
 12.

Amexyoe-c
DEBIT - SIA- raju jain <kotjain23@gmail.com>
KOTHARI
1message -
XXXXXXXX3207-1CICI NARAINA
YOUR LETTER REF NO -
BRANCH- SUNIT KUMAR
raju jain <kotjain23@gmail.com>
To: customer.care@icicibank.com

Gentleman,
:0 0 32401 928-RM923286717lN Fri, Aug 14,2020 at 12:30 PM

Greetings for the day!

amin receipt of letter REf
aCCOuN as stated in the subicctNo:is mentioned in the subiect,I am shocked that my
Thank You rery Much. being debited with RS. Captioned
49,769/- with your sweet will,
Now for GOD SAKE kindly send me
the
debited my account, it's shocking, disgustingdetails
of the consumer loan for
which youhave
have any consumer loan from your Bank. To & beyond imagination and I do not recollect that I
be honest I
tension and harassment also just because of this debit on have gone through a lot of mental
23rd of January 2019 & I really
suffered financially, for which you are bound to compensate me my
amount along with 24%
quarterly compounding
I havealrcady given this leter to my legal advisor who is taking necessary action on na behalt.
with this mail vou are herebr requested to kindly transter the said amount in this account as
menuoned below of Sunit Kumar Kothari within 3days clse let's meet at appropriate form.
NAME:SUNII KUMAR KOTHARI
TOWN, DELHI -11 G009.
BANK : INDIAN BANK, GUJRANWALA
A/C N0:006051913938.
IFSC CODE: IDIB000GO78
COVID-19 & vou
situation as I am tinancially constrained due to
Hopeyou do understand my
knowledge. I willwait foryour reply till Tuesdav by 5PM.
without my
have debitcd mv account any court of lawfor Justice.
togo to
after that am frce

With Duc rcgards

SiShslelloDham
 2

BEFORE THECONSUMER DISPUTEs VAKALATNAMA

REDRESSAL COMMISSION (NORTH
WEST), SHALIMAR BAGH, DELII
COMPLAINT CASE NO. (OF 2021 ADVOCATESWELZARE
IN THE MATTER OF:
Mr. SunitKumar Kothari
...Complainant
ICICI Bank Limited Versus

..Respondent ComplL!
KNOW ALL to whom these presents shall come that L. Sunit
Kumar Kothari, the Complainant herein do
hereby appoint FUND
ADVOCATESWELFARE Op

PRIYANKA SETHIA,ADVOCATE(D/2907/2013),
D-13, Kirti Nagar, Third Floor, New Delhi 110015.
Ph: 9711251567; Email:
priyankaghorawaragmall.con!
hereinafter called the advocate(s) to be my/our Advocate in the above noted case authorize them:
To act, appear and plcad in the above-noted case in this Court or in any other Court in which the same may
be tried or heard and also in the appellate Court including High Court subject to payment of fees separately
for each court by me/us.

To sign, file, verify and present pleadings, appeals cross-objections or petitions for executions review, AOVOCATESWELFAREFUND
Idicati
revision, withdrawal, compromise or other petitions or affidavits or other documents as may be deemed SIOn
necessary or proper for the prosecution of the said case in all its stages subject to payment of fees for each :abo
stage.
date
To file and take back documents to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any difference or disputes that may also
touching or in any manner relating to the said case.

To take execution proceedings.

cash and grant receipts thereof and to do all other acts
The deposit, withdraw and receive money, cheques,the
done for progress and in the course of the prosecution of the IATLE
2711191
ADVOCAESWELAAEFUFO
and things which may be necessary to be
Said case.
and authority
Practitioner authorizing him to exercise the power
To appoint and instruct any other Legal he may think fit to do so and to sign the power of attomey h,
hereby conferred upon the Advocate whenever
on our behalf.
substitute
done by the Advocate or his
I/we undersigned do hereby agree to ratify and confirm all acts and purposes.
And all intents
own acts, as if done by me/us to
in the matter as my/our Court on all hearings
I/we or my/our duly authorized agent would appear in the
And I/we undertake that the case is called.
Advocate for appearance when
and willinform the for the result
not to hold the advocate or his substitute responsible
Adyocate which he 2183ER
do hereby agree whenever ordered by the Court shall be of the
And I/we undersignedadjournment ADVOGATESWEL
costs
of the said case. The for himself.
s!.all receive and retain the fee agreed by melus
that in the event of the whole or part of the prosecution of the
agree from
And I/we the
undersigned do hereby
remaining unpaid, he shall only be ontitled to withdraw
case and above Court for a period
advocate is for the atbove
to be paid to the same is paid up. Thefee settled the fee is paid. /we will not
be entitled for the refund of
said case until the agree that once
only I/we hereby
of three years case. been
the samne in any contents of which have
my hand to these presents the
set
WHEREOF Ido hereunto 1.
IN WITNESS 23 day of December202
understood by me onthethis
terms ofthe fees.
Accepted subject to
Sishalellodaani
Client
Client
Advocates