IN l'IIE IiON'lìLl!

DISTRICT' CONSUMEIì DISI'IJTES

IìEDRTISSA L COMMISSION, GA UT'AM BUDDI{
NAGAR
COMPLAINT CASE NO. 375 OF 2022

IN THB MATTER OF
Padmesh Sharma Complainant
Versus

ICICI Bank Ltd .. Opposite Party

INDEX
sl. Particulars Pages

No.
1 Written VersiorV Written Statement on
behalf of the Opposite Party along with
supporting Affidavit.
,)
Vakalatnama

On behalf of
(Arvind Manager)

Through:
Dharmendar Kamti, Rajat
Gaba, Pranjali Goel, Shubhi Pokhrel & Shreya Bhat
Counsel for the Opposite Party No.- L
Kamti & Singh ADVOCATES
E-259, L.G.F., Greater Kailash - I,
Place: New Delhi NEW DELHI 110024
Dated: t5.02.2023
 IN TI'IE HON'I}T-E I}ISTTIICT' CONSIJMIiTI T}ISPUT'IiS
TIIiDRESSAL COMMISSION, GAI.JTAI\{ IITJDDH
NAGAIì
COMPI,AINT CASE NO. 375 OTI 2022

IN THE MATTER OF:

Padmesh Sharma Complainant
Versus

ICICI Bank Ltd. .. Opposite Party

WRITTEN VERSION/ WRITTEN STATEMENT ON

BEHALF OF THE OPPOSITE PARTY TO THE
MPLAINT F'ILED
COMPLAINANT.

MOST RESPECTFULLY SHOWETH:

1. That the present Written version/ Written statement is being filed

on behalf of the Opposite Parly in reply to the misconceived and
base-less consumer complaint preferred by the complainant herein.

2. That at the outset, the answering Opposite Party denies each and
every averment in the consumer complaint under reply, and no part

thereof shall be deemed to be admitted unless specificaliy admitted

here-under. It is pertinent to bring to the kind attention of this
Hon'ble Forum that the written version/Written statement is well
within the limitation and filed before the Hon'ble Forum.
3. That before giving a para-wise reply to the contents of the

consumer complaint, the answering Opposite Party seeks to urge

certain preliminary objections to the consumer complaint under
reply herein under: -
 PIIELIMINAIìY OTìJIICTI ONS :

1. That the briel'fàcts o1'the case are as f'ollow:-

1'he Complainant has 2 savings accounts with the ICICI Bank's
two different branches, 034301539287 and 00370i557710,
respectively. The Complainant did not operate through the second
account. On 09.06.2022,the Complainant got to know that the two

savings accounts mentioned have been linked and ICICI Amazon

Credit Card (4315813205187006) is also issued with the account.
The phone number linked with the concemed credit card is not in
use by the Complainant since 2018-19 and the email ID mentioned
is inconect as stated by the complainant. Further, on checking the
transaction history through the card, it was found that two
transactions dated 03.06.2022 of Rs. 43,1001- and Rs. 5l,l00l-
were done. The Complainant fuither mentioned that he received
no OTP when these transactions had occurred. On 05.06.2022,the
Complainant had written to ICICI Bank to which he received no
response as the account of the Complainant was not traceable in

internal inquiry. On 07.06.2022, the Complainant received a

notification through email that an Apple watch has been purchased

fi'om the old Flipkart Account ID of the Complainant through his
old mobile number - 9873167680. The Complainant claims that
no such transactions had been carried out by him.
2. That at the outset, it is stated that the contents of the complaint
unless specifically admitted here-in-after ate all vehemently
denied. Present complaint filed by the complainant is liable to be
dismissed as it is pertinent to mention herein that the Opposite
parly conducted the internal inquiry on receiving the complaint of
the complainant and found that the registered mobile Number of
 ilrc Cìom¡rlainanl has lreen allottecl to a third ltartv and thc
(ìom¡rlainant lleirrg ncgligent himsell'did not r-rpdated the mobile

number in the [ranì< and the now third party rvas receivir-rg the O1'Ps

and other messages lì'om bank {òr' the ConTplainant's Accouut.

T'hat Accor"ding to the RBI Guidelines dates July 6.2017, ooln case

where the loss is due to the negligence by a customer, such as

where he/she has shared the payment credentials, the customer
will bear the entire loss". It is rnost respectfully submitted that in
view of the above situation this complaint should be dismissed.
3. That the Complainant herein is trying to blow hot and cold in the
same breath by making the Opposite Party a party to the present

Complaint with an intention to invigorate the Complainant's case

against Opposite Party in order to obtain unjust favorable order in

his favor herein. Furthermore, it is pertinent to mention that

complainant had presented misconceived facts before the Hon'ble
Forum projecting an undesirous issue at the hands of Opposite
Parfy herein. That in the facts and circumstances as discussed
hereinabove, it is amply clear that the present Complaint is nothing

but waste of time of court as the bank never neglected the

complaint of the Complainant and was conducting the internal
enquiry on its end.
4. That it is respectfully submitted that the Investigation got closed in
customer's favour on September 19, 2022 statingthe below:
"Case is closed as permanent fraud credit amounting to Rs.
99,940/- has been provided onto the card qccount vide I memo
No ICBK_CREDIT CARDS_2022-2023_4534354 FMS ID:
85839. "

On August 24,2022 the amount was adjusted as permanent credit

in account of the Complainant.

 2O22.OB- 2022,08. FRAUD CREDIT
3 cR 5140
24 24 ADJUSTMENT

2022-OB- 2022-OB. FRAUD CREDIT cR 43100

5
24 24 ADJUSTMENT
2022-08- 2022-08- FRAUD CREDIT
6 cR 51700
24 24 ADJUSTMENT

It is therefbre, submitted that the cause of action in this case does

not stand anymore.

Fufiher, mentioned that the present Complaint is patently fiivolous
and vexatious and the same deserves to be disrnissed. Further, the

complainant is to be put strict proof in respect of the allegation

raised against the Opposite Party herein.

5. That be that as it may, the present complaint is concocted at the

hands of the Complainant as against the Opposite Party and is
devoid of any merit and legal sanctity against the Opposite Party
herein. Furthermore, on the perusal of the facts of the present
complaint and as per record it is evident enough for the kind
perusal of this Hon'ble Forum that the alleged complaint is

baseless and has no merit as the disputed transactions have been

akeady reversed by the Opposite Party due to fraud against

Complainant on part of Third party and therefore, the present

complaint is not maintainable as the relief sought has already been
granted by the Opposite party. It is further submitted that the
allegation made by the complainant by the way of present

Complaint is patently frivolous, vexatious and misleading and the

same deserves to be dismissed in order to save the time of this
Hon'ble Court.

6 That it is hereby submitted that the present Written version/

Written statement has been duly signed, verified, and filed by Sh.
 thc Branch N4anagcr ol'thc Opposite Party No.-1
has also sworn an alfìc'lavit atid deposed be{ìlrc tl-re I-Ion'ble Forttu'l

on behall'ol'the Opposite Party No. I herein.

Para wise renlv to the Statement of Claim:

Save and except for what is categorically admitted herein below

in this reply, all other averments, allegations, contentiotts,

suggestions, submissions, and inferences of the complainant, are
vehemently denied, rebutted, and traversed. Without prejudice to
the said denial, it is further submitted by way of para-wise reply
to the statement of claim as under:

1 That the contents of the para no. I, 2 &. 3 stated therein in the
Complaint of the Complainant are matters of records and hence no
argument or justif,rcation is required on behalf of the Opposite
Party.

2 That the contents of para no. 4 stated therein in the Complaint of

the Complainants save and except those which are matters of
records are hence vehemently denied as false, frivolous, incorrect,

and baseless. Furtherrnore, it is pertinent to mention that the

Complainant is at fault here as he did not updated the bank that his
registered mobile number is no more in use by him. Therefore, the

Opposite Party No.-l cannot be said to be deficient in services on

their part as they acted diligently and cautiously as they sent the
details on the registered mobile number only. The foregoing
preliminary objections may be read as part and parcel of this para
and the same may not be repeated herein for the sake of brevity.
a
J That the contents of para no. 5 herein in the Complaint of the
Complainant are matters of records and hence no argument or
justifieation is required on behalf of the Opposite Paffy No.- 1.
4 '[hat lhe contents ol'the par¿ì l'ros. (r to 10 slated thereitr irl the

Complaint ol'the Conrplair-rant save and except those u'hich arc:

lulatters tif'records are lience vchelneutl), der-ried as làlse, fì"irtolous.

incorrect, baseless. clistorted and twisted hence denied

categorically. It is perlinent to mention herein that the Complaint
has not disclosed entire facts before as well as suppressed the
relevant facts befbre this Hon'ble forum. As mentioned in
Preliminary Objections the Opposite party received the complaint
of the Complainant and were conducting the intemal enquiry
regarding the case and found out due to fault of the Complainant
himself he suffered loss but even than the Opposite part has

reversed the transactions in dispute and credited the lost amount to

the Complainants account.

5 That the contents of the para nos. 11 to 16 of the Complaint are

false, incorect and misleading in nature and are hereby denied in
entirety as though herein specifically set forth and traversed. Being
a responsible and law abiding bank the Opposite Party No. 2

committed to extend all possible cooperation and assistance to the

complainant. It is pertinent to mention thus all the averments so
made by Complainant are altogether fallacious, flimsy,
unreasonable and untenable. Besides the above, the present
complaint is being filed by the complainant with the malafide
intention after cooking up an afterthought and concocted story
which is devoid of any merit and legal sanctity. Therefore, the so-
called averments and submissions made by the Complainant have
been completely covered by the Opposite Party No.lin the
foregoing paragraphs and as such, there is no requirement to repeat
the same for the sake of brevity and prolixity but the contents of
the same may be treated as part and parcel of the submissions of
the Opposite Party No.1 herein. Hence, the Opposite Parly No.2 is
 lèn,cntl)¡ clenying llre cont¡rlaint of the (\n-rplainanl as it is entireh'
lirlse, Malicious, ancl vague in nature. 'l-he O¡rpositc Party ll¿rnl< has
acted cliligently, vigilantll, and in a responsible nranner in orcler tcr

resolve the queries of'the Complainant at the earliest possible and

thereftrre it would be very \ryrong to say there was or is deficier-rcy
in services on the part of the Opposite Party No.- 1 bank. It is

pertinent to mention thus all the averments so made by

Complainant are altogether fallacious, flimsy, unreasonable and
untenable.
Furthermore, it can be very clearly ascertained from the fucts and
averments mentioned in this written statement/written submission

that there has been no deficiency in services, unfair trade practice

etc. on the part of the Opposite Party No.-2 and therefore it would

be very wrong and misleading to say that the complainant has

suffered mental agony, pressure and harassment due to the acts of
Opposite Party No. 2 bank. Hence, the Opposite Party No.lis
fervently denying the cornplaint of the Complainant as it is entirely
false, Malicious, and vague in nature.

REPLY TO THE PRAYER CLAUSE:

In view of the foregoing submission and clarifications, It is,
therefore, in the facts and circumstances as discussed hereinabove,
the prayer clauses are denied in to as the answering has nothing to
do with the same, as the Opposite party has already resolved the
issue and credited the account of the Complainant. Hence, the
Opposite Parties most humbly prays that the Hon'ble Forum may
kindly be pleased to dismiss the Complaint filed by the Complainant
as against the answering Opposite Parties herein with costs.
Oppositc Party No.1 resen¡es its right to fìle the adclitional/
sup¡rlementary reply if recluired.

It is prayed accordingly

0n beha Ltd.
(Arvind Kuma r,

Through:
Dharmendar Kamti, Rajat
Gaba, Shubhi Pokhrelo Shreya Bhat & Pranjali Goel
Counsel for the Opposite Party No.-L
Kamti & Singh ADVOCATES
E-259, L.G.F., Greater Kailash - Io
Place: New Delhi NEW DELHI-
L10024
Dated: tL.02.2022

VERIF'ICATION:

Verified at New Delhi on _day of February 2023 that the

contents of the Written Statement on merits are true to knowledge

deprived of official records while the preliminary objections are

true and correct to advise received and believed to be true. The last
para is a reply to the prayer claùse. Nothing material is concealed
therefrom.

On behalf
 IN THII I.ION'IìLB DISTIIICT CONSUMI'II. DISPTJTES
REDIìBSSAL COMMISSION, GA T J'TAM BI.JDDH
NA(ìAIì
COMPLAINT CASE NO. 375 OF 2022

IN THE MATTBR OF:

Padmesh Sharma Complainant
Versus

ICICI Bank Ltd. .. Opposite Party

AFFIDA VIT
I, S/o, D/o Sh. aged

about working for gain at

-,
T ' being the Authorized

Representative of the Applicant Bank, do hereby solemnly affirm and

state on oath as under:

1. That I am the authorized representative and Deputy Manager-CRM

Legal of the Opposite Party No.1 & 2 andl am aware of the facts and
circumstances leading to the present matter, on the basis of the

records maintained by the Opposite Party No. 1 & 2 Bank and as

such, am competent to swear to the present affidavit.
2. That the accompanying Written Statement has been drafted under my

instructions. I have read over and understood the contents thereofand

nothing material has been concealed.
3. That the factual contents of Written Statement are true and correct to
the best of my knowledge and information, based on the records of
the Opposite Party No.lmaintained in the regular course of business
and legal contents therein are believed to be true based on legal
advice.
 VERIFICATION:
Verified at New Delhi on this_ day of February 2023 that the
contents of the present affidavit are true and correct to my knowiedge

and nothing has been concealed-there from.

('' ',)

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