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PRINCIPAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
Consumer Complaint No. 887 of 2019
Date of Institution : 10.12.2019
Date of Reserve : 12.10.2022
Date of Decision : 10.11.2022
K.K. Traders, through its proprietor Kewal Kishan Murgai,
Address: Street Shree Goverdhan Nath Ji, Majith Mandi, Amritsar.
E-mail id: rajumugrai@yahoo.co.in.
.….Complainant
Versus
1. ICICI Bank Limited, ICICI Bank Towers, Bandra Kurla
Complex, Mumbai, through its Managing Director/Chairman.
E-mail id: headservicequality@icicibank.com.
2.
The Federal Bank Limited, SCO 867, First Floor, NAC Mani
Majra, Chandigarh through its Managing Director/Chairman.
E-mail id: cghy@federalbank.co.in.
3.
Herbal Merchandise, through its Proprietor/Director, KCR
Apartment,
Shribag
No.6,
District
Raigad,
Alibag,
Maharashtra- 402201.
E-mail id: herbalmerchandise@gmail.com.
……Opposite parties
Consumer Complaint under Section 12
read with Section 15 of the Consumer
Protection Act, 1986.
Quorum:-
Hon’ble Mrs. Justice Daya Chowdhary, President
Mrs. Urvashi Agnihotri, Member
1) Whether Reporters of the Newspapers may be
allowed to see the judgment?
Yes/No
2) To be referred to the Reporters or not?
Yes/No
3) Whether judgment should be reported in the
Digest?
Yes/No
Consumer Complaint No. 887 of 2019
2
Present:-
For the complainant
: Sh. Sukhandeep Singh, Adv.
For Opposite party No.1
: Sh. Tushar Arora, Adv.
For Opposite party No.2
: None
For Opposite party No.3
: None
URVASHI AGNIHOTRI, MEMBER:-
The complainant through its proprietor has filed this
complaint under Section 12 read with Section 15 of the Consumer
Protection Act, 1986 (in short “the Act”), against the opposite
parties (in short “OPs”) seeking the following directions:-
i)
Direct OPs No.1 and 2 jointly and severally to pay
Rs.37,85,000/- to the complainant, along with interest
@ 12% p.a. from 17.01.2019 till its actual realization;
ii)
Direct OPs No.1 and 2 to pay Rs.5,00,000/- as
compensation for deficiency in service and unfair trade
practice causing mental and physical harassment to
the complainant and for causing monitory loss to the
complainant;
iii)
Direct OPs No.1 and 2 to pay Rs.50,000/- on account
of litigation expenses; and
iv)
Any other or consequential relief that this Commission
deems fit.
2.
Brief facts, as set out in the complaint are that the
complainant is a proprietorship Firm engaged in trading of herbal
products in a small set-up for the purpose of exclusively earning
livelihood by means of self-employment. The complainant Firm is
having bank account in ICICI Bank Limited and has been regularly
paying charges for running the same as and when demanded by
the Bank. The complainant Firm had placed an order of herbal
products with OP No.3 amounting to Rs.42,09,640/- and
Rs.4,24,593/- was paid as advance. Thereafter, OP No.3 issued
invoice dated 16.01.2019 for the said order and sought balance
amount of Rs.37,85,047/-. While issuing the said invoice, OP No.3
Consumer Complaint No. 887 of 2019
3
had mentioned the details of its bank account in Federal Bank for
the purpose of transferring the balance payment through Online-
Banking/NEFT. The complainant requested OP No.2-Bank to
transfer an amount of Rs.37,85,000/- in favour of Account details
mentioned as “A. Enterprises, ICICI Bank Ltd. Branch Andheri
Mumbai,
A/C
No.001105028146
IFSC:
ICIC0000011”.
Consequently, on 17.01.2019 the said amount Rs.37,85,000/- was
debited from the bank account of the complainant without any
further verification. However, even after the said payment, OP
No.3 did not send the ordered goods to the complainant. When the
complainant verified the transactions details from OP No.2-bank,
he was shocked to know that the said amount was credited in
favour of one “Arti Enterprises” instead of “A.Enterprises” inspi
