Suraksha Aggarwal (aged 65 years) wife of R.L.Aggarwal, proprietor of M/s.Etasi Computer, Building Arya School, Moga through her special attorney Rakesh Kumar Aggarwal son of R.L.Aggarwal, resident of 691, Street No.2, Ram Ganj Road, Moga.

…… Complainant.

Versus

1. ICICI Bank Ltd. through its General Manager, ICICI Bank Tower Bandra Kurla Complex, Bandra, East, Bombay.


2. Regional Manager, ICICI Bank Ltd. Regional Office: SCO No.10, Sector 9-D, Chandigarh.

3. The Manager, ICICI Bank Ltd., G.T.Road, Moga.


4. M/s.World wide Finance Services Ltd. through its Managaer, Near Pulli, Pakhowal Road, Ludhiana.

……Opposite Parties

Complaint Under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh.J.S.Chawla,President.
Sh.J.S.Mallah, Member.

Present: Sh.T.S.Gill, Adv.counsel for the complainant
Sh.Ajay Gulati, Adv.counsel for OPs no.1 to 3
OP-4 left.

(J.S.Chawla, President)
Smt.Suraksha Aggarwal complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against ICICI Bank Ltd. through its General Manager, ICICI Bank Tower Bandra Kurla Complex, Bandra, East, Bombay and others-(herein-after referred to as ‘ICICI Bank’)-opposite parties directing them to refund Rs.50000/- with interest and also to pay compensation of Rs.10000/- on account of mental tension and harassment or any other relief to which this Forum may deem fit be granted.


2. Briefly stated, Smt.Suraksha Aggarwal complainant has account no.023701502882 with OP1-ICICI Bank and she has been doing all her business transaction through the said account. That the complainant sent Rs.20000/- on 11.6.2008 and Rs.30000/- on 16.6.2008 to Micro Solution Firm, Ludhiana through internet banking process from her above said account. That by mistake while sending the above said amount to Micro Solution Firm, she filled the transferee account number as 0017050000326 instead of 0017050000106. However she correctly filled the name of transferee i.e. Micro Solution. Due to this the computer process of the OPs-ICICI Bank transferred the aforesaid amount into incorrect account without bothering the name of the said firm. It is pertinent to mention that account number 001705000326 belongs to a firm namely World Wide Finances Services at Ludhiana and the said firm has no business dealing with the complainant firm. Moreover, the above said account no.0017050000326 was non-operative since long The complainant has failed to locate the World Wide Finance Service, Ludhiana inspite of her best efforts. That the complainant made so many requests and also served legal notice dated 4.8.2009 to the OPs-ICICI Bank, but they did not bother. That the aforesaid act and conduct of the OPs-ICICI Bank has caused great mental tension and harassment to her. Hence, the present complaint.


3. Notice of the complaint was given to the OPs. OPs 1 to 3-ICICI Bank appeared through Sh.Ajay Gulati, Advocate whereas OP4-World Wide Finance Services Ltd. has been given up by ld.counsel for the complainant vide statement dated 08.01.2009. Sh.Ajay Gulati ld.counsel for OPs-ICICI Bank filed the written reply taking the preliminary objections that the complaint is not maintainable; that the complainant has got no locus standie to file the present complaint; that this Forum has got no jurisdiction to try and entertain the present complaint as the alleged transaction was for commercial purpose; that the complaint is bad for mis-joinder and non-joinder of the necessary parties; that the OPs-ICICI bank has been arrayed unnecessarily; that the complainant is estopped by her own act and conduct to file the present complaint and that the complainant has not come to this Forum with clean hands as she has withheld the material facts. On merits, it was averred that the complainant has been transacting through internet banking service of the OPs-ICICI Bank and under the process they issued a password to the complainant which was being used for transacting the business etc. through internet banking by such customers. That under the fund transfer system through internet banking, one has to mention address of payee/ beneficiary as well as correct account number to which the funds are to be transferred and the internet computer system also required confirmation from the transferor as to the correctness of the name as well as account number of the transferee/ beneficiary. Moreover, it is admitted by the complainant that she herself mistakenly transferred the funds through internet fund process. That the fund transfer system through internet service provided by the OPs-ICICI Bank is a fool proof system which requires correct information to be submitted by the customer only and on the basis of information submitted by the customers the funds are transferred in the payee’s account. That there is no intervention of any of the official of the OPs-ICICI Bank. It solely depends upon the customer to use the internet banking service as per her/his discretion. Thus, the OPs-ICICI Bank is not liable in case of any incorrect fund transfer done by the customer on account of wrong registration of beneficiary/ payee. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant was false and frivolous and it deserves dismissal.


4. In order to prove her case, the complainant tendered in evidence her affidavit Ex.A1, copies of representation Ex.A2 and Ex.A3, copy of notice Ex.A4, postal receipts Ex.5 to Ex.A7, copy of notice Ex.A8, copy of postal receipts Ex.A9 to Ex.A11, copy of power of attorney Ex.A12, copy of bank detail Ex.A13, copy of bank detail Ex.A14 and closed her evidence.


5. To rebut the evidence of the complainant, the OPs-ICICI Bank tendered affidavit Ex.R1 of Sh.Aman Sethi, Branch Manager, copy of operational guideline Ex.R2, copy of account opening form Ex.R3 and closed their evidence.


6. We have heard the arguments of Sh.T.S.Gill ld.counsel for the complainant and Sh.Ajay Gulati ld.counsel for the OPs-ICICI Bank and have very carefully perused the evidence on the file.



7. Sh.T.S.Gill ld.counsel for the complainant has mainly argued that the OPs-ICICI Bank has committed deficiency in service by wrongly transferring the funds of the complainant in the name of World Wide Finance Services Ltd. This contention of the ld.counsel for the complainant has no merit. It is admitted case of the complainant that she has been using internet banking service provided by the OPs-ICICI Bank. On 11.6.2008 she sent/ transferred Rs.20000/- and on 16.6.2008 Rs.30000/- in account no.0017050000326 in the name of Micro Solution Firm, Ludhiana. It is also admitted case that she wrongly mentioned the account no. 0017050000326 instead of 0017050000106. Thus, it shows that the mistake, if any, had been committed by the complainant herself giving the wrong account number. The account no. 0017050000326 stands in the name of Word Wide Finance Services Ltd. whereas the account no. 0017050000106 is in the name of Micro Solution. Therefore, the complainant by mistake while operating the internet banking service of the OPs-ICICI Bank transferred the aforesaid amount in account no 0017050000326 instead of 0017050000106. It is also admitted case of the parties that in the aforesaid transaction, no official of the OPs-ICICI Bank was involved and the complainant had availed the internet banking service of her own. Therefore, the mistake, if any, in mentioning the wrong account number had been committed by the complainant herself and no deficiency in service has been proved against the OPs-ICICI Bank.


8. Ld.counsel for the complainant has further argued that the OPs-ICICI Bank be directed to refund Rs.50000/- wrongly transferred/ sent to account no. 0017050000326 by the complainant. This contention of the ld.counsel for the complainant has no merit. This Forum has no jurisdiction to direct the OPs-ICICI Bank to refund the aforesaid amount wrongly transferred by her. She should avail separate remedy in the appropriate Court/ Forum for refund of the aforesaid amount. Hence, the OPs-ICICI Bank has not committed any deficiency in service.


9. To substantiate the aforesaid contention, the OPs-ICICI Bank has produced affidavit Ex.R1 of Sh.Aman Sethi, Branch Manager, copy of operational guideline Ex.R2, copy of account opening form Ex.R3 and we believe and rely upon the same. On the other hand, no reliance could be placed on the affidavit Ex.A1 of the complainant and documents Ex.A2 to A14 and we discard the same.


10. Ld.counsel for the parties did not argue and urge any other point before us.

11. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has no merit and the same is dismissed.