Wednesday, April 18, 2007

Allahabad High Court verdict against use of Gundaas by ICICI

Here's a verdict by Allahabad High court against ICICI Bank's illegal methods to use gundas to manhandle consumers for recovery of loans

http://www.allahabadhighcourt.in/ejurix/servlet/WebViewJudgementDirectly?method=referred&casetype=HABC&caseno=58318&year=2005&judgementdate=09/09/2005

some extracts are:
From the facts stated above, in our opinion the following questions of public importance arise for consideration :-
(1)Whether license granted to ICICI Bank under the Banking Regulations Act, 1949 or guidelines issued by the Reserve Bank of India permit the ICICI Bank to recover its dues from the borrowers through collection agents who are bullies who recover the loan by taking law in their own hands?

(2)Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy is a legal contract and, if so, its effect? Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy absolves the ICICI Bank from all criminal and civil liabilities?

(3)Whether Shiv Shakti Consultancy is an agent of ICICI Bank and whether the bank is liable for all actions of its collection agent or agencies who violate criminal and civil laws.

(4)Whether ICICI Bank is under a legal obligation to follow due process of law for carrying out its banking business of advancement of loans and recovery of its dues? Whether it can disturb the rule of law by engaging collection agent that recovers the dues from the borrowers by using muscle power?

(5)Whether the ICICI Bank can recover its dues only in accordance with law by filing a civil suit?

(6)Whether the ICICI bank or its collection agency can take coercive action against the borrower by snatching the vehicles or taking possession of the property without following the procedure established by law and take further coercive action by locking the individual borrower in the bank or at some other place?

(7)Whether any recovery charges are paid by the bank to its collection agents and whether it is recoverable by the bank from the borrower or not and, what is the percentage of recovery charges paid by the ICICI bank to the collection agent?

(8)Whether ICICI bank can ignore the provisions of section 138 of the Negotiable Instrument Act,1881 in case of bounced cheques and proceed to recover the amount of the bounced cheques through their collection agent by force?

(9)Whether the Nationalised Banks which recovers its dues from the borrowers in accordance with law could be permitted to adopt the same procedure for recovery of its dues from the borrowers as adopted by the private banks like ICICI Bank through collection agents who take law in their own hands?

(10)Whether for recovery of any amount from a borrower two different parallel systems could exist, one in accordance with law followed by the Nationalised Banks and the other followed by the private banks who recover their dues through collection agents in violation of law? Since this is a matter of vital public importance, interest of justice demands that this matter should be heard by a larger bench.

The Registrar General is directed to register a Public Interest Litigation and place the records along with our order before the Hon'ble the Chief Justice for nominating an appropriate larger bench for hearing this public interest matter expeditiously.

Orkutting about ICICI!!

Ppl this is a community about harassed ICICI Consumers
http://www.orkut.com/CommTopics.aspx?cmm=16039490
do check it out!
some sample posts are:

ICICI Home Loans - Recovery : Courtesy miles away.I
guess Naval mentioned that the Home Loan Top up was done in 4 days flat and all. Kudos to that. Now switch to the recovery scenario. I am a customer who gives cheques (nos 12) every year to ICICI for the EMI amount. ICICI Bank sends so much of crap load of letters, promotions, and what not - but they do not send a reminder that the cheques are due for the next year from so and so month. The Home Loan office is always loaded, nobody really bothers to be courteous to the customers as they are when they disburse the loan. The Manager of the ICICI bank has the cheek to call up home and give gyan that please read the agreement and all, and the cheques have to be given in a day and all the dhamkofying. I was out of town and my parents had to listen to all this, that shit of a manager did not have the courtesy even to call me and talk like that.

I'm not alone

source: http://www.madmanweb.com/links/archives/000312.html

ICICI Bank worst if it is approaching you for loan in your countryBEWARE. , city or village
ICICI Bank misuses Section 138, 420, 406 on innocent and ignorant Vehicle & Property loan takers moreover harass , humiliate and traumatized them.
It appears , ICICI is in fact an unlucky or worst bank for vehicle or property loans in India. Recently on November 30, 2006 , I came across a lady Mrs. Elva Kohli ( Name changed ) in the Consumer Grievances Redressal Forum Bandra. The lady was with her husband to file a complaint against ICICI Bank KV Kamath, Managing Director & CEO ICICI Bank . Her complaint was though she had paid and cleared her past 3 EMI of May, June, July 2005 . She was harassed, humiliated and traumatized by the recovery agents employed by ICICI Bank that too for no reason or fault of her. The lady was explaining to the registrar in forum that she had already paid her 3 EMI for which the ICICI Bank falsely implicated her for thrusted a cheque dishonor case.
During this whole traumatized experiences the poor ill lady was made to run pillar to post for more than two years even when she had cleared more than half of the loan amount more than 25 after loan disbursement. During these two years the lady was not only traumatized by the recovery goons , henchman of ICICI but was also forced to under go a court trial for more than 11 months mere for 3 EMI in question of past May, June, July 04, which she had actually already paid . despite the lady was pleading through many letters that she had already paid this three instalments and still paying remaining EMI , the ICICI bank never paid heed to her many pleading letters she wrote to the bank. Ignoring all letters of appeal the ICICI bank sent summons, warrants and made her to appear court proceeding , cross examination and what not. However after a long harassment and humiliation to the lady when the court realized that the ICICI Bank is wrong and later at last questioned the Bank’s intention to bother her . The ICICI Bank Advocate withdraw the , as he realized the lady in question would get clean acquittal and the table will fall rebounced.
During this whole episode , even though the court case was enforced on her , the lady never stopped paying her EMI. Even when the Bank went on sending recovery agents all well muscle men and henchmen to fear this diseased lady who was suffering from hypertensions, high blood pressure , varicose veins, food and medicine allergies, uterus fibroids etc . The recovery agents of ICICI Bank behaves as they were above law and mafia . According to the lady complaint they use abusive language and use every arm tactics to snatch and extort the car.
These recovery henchmen calls anytime on phone, mobile, irrespective you are sleeping in early morning or late night. They came in group anytime, gave hundreds of personal visits insulting her in her home, society and also followed her. The lady in her forties was trembling and today is suffering from, permanent un curable phobia due to ICICI Bank. Mrs. Elva had ruined her mental and physical health both. Her and her family business went on total loss as they all were unable to concentrate because of horror of ICICI Bank . The worse thing about this lady is she could not take psychiatric treatment as even a crocin or parectomol tablet give skin allergy to her skin. Today she is suffering from many health related tensions including insomnia because of ICICI Bank torture for the agony caused to her.
However recently she had filed a case in this Consumer Grievances Redressal Forum Bandra and had appealed this court to make ICICI Bank and their recovery officers and agents involved to compensate her for peace , happiness , business losses . In Kurla Court, Advocate Ms.Jayshree Jawale fought her case of cheques dishonored for which ICICi bank implicated her under Section 138 , 420, 406. The said article is only given here so that consumers can get awareness where to go if they are facing same traumatic tensions or experiences due to financial institutes. A appeal should also be made to President of India and PIL should also be filed in Supreme Court about the Financial Institutes or Banks like ICICI who misuses power of Section 138, 420,406 on innocent and ignorant clients. As because loans are taken by peoples to improve self quality of life and not to spoil own career. Circumstances at all time do never remain the same. However during the course of loans, paying EMI - Business, health, services can cease or pause, Natural disasters, casualties, diseases, accident, incidents, profit and losses are beyond human controls and bank should understand it . Wise bankers should not consider every client as cheat or slave. During such situation if the client fells, Bank should cooperate and not traumatize and humiliate their customers. During such destiny laid stages , If the bank could not support the hospitalized client ( loan taker ) on ventilators at least it should also not try to pull the tubes of oxygen. These are some useful sites for grieved consumers from banks or financial institutes.

These guys are shameless!

Today ICICI crossed all limits..
it re-presented the auto-debit statement to my account!
and the bastards would not even sort my long standing grievance..
just two days back i received an email from them stating :


"Dear Mr. Marwaha,

We realize that we have caused you a great deal of inconvenience, for which we are extremely apologetic.

We will be able to resolve your issue within the next 2 days. Once again, please accept our sincere apologies for the inordinate delay.
Sincerely,

Meena Sharma
Customer Service Manager
ICICI Bank Limited "


My response:
Dear Ms. Meena,
Further to my mail, i would like to bring to your notice that I had requested for a change of address on Feb 10'07.I was assured that the same had been noted and the change would be made in 8 days (Service request number SR18331384). However when i checked my address on Mar 16'07 at your Noida office, I was shocked to see that my address had not been updated. I again requested for change of address then and there but am yet to receive any confirmation about the same.
The apathy of ICICI and its casual attitude are apalling!
Secondly, on the same day I submitted a request for converting the EMI repayment from post dated cheques to Auto-debit. your customer care executive Ms. Priyanka at Counter #2, at the ICICI Customer Help center at Noida told me very clearly that 15th of the month is cut-off for auto debit request and since I was requesting for the auto debit on March 16, my auto debits will be effective from the month of May'07.

But to my utter dismay, i have found that ICICI has presented the auto debit in the month of April itself. This has resulted in a cheque return due to insufficient funds. How can ICICI go back on its word? I would also point out that a cheque of Rs. 7300/- (Chq no 217678) was also encashed by ICICI from my SBI account on 9th April'07 .
Clearly ICICI is hell bent upon rubbing salt to my wounds and is leaving no stone unturned to cause me trouble.

You are advised to reverse the cheque bounce charges of Rs. 56/- charged by my bank (ICICI) for cheque return and waive all default charges immediately as you have already encashed the Post dated cheque towards this payment.

I have waited for a very long time for resolution of my grievances and please be warned that the additional two days that you have requested are your last opportunity. I will wait until 18th April for the resolution of this issue.
Manish


While on One hand ICICI assured me that my inconvenience will be sorted out in two days, on the other hand it today again presented and encashed the Auto-debit EMI payment from my account without returning my cheques and also despite the fact that the auto-debit was to be active from May'07!!!!

These people are very shameless... they do not respond to queries ... keep sleeping over issues.. and strong arm the consumers by sending gundas to your home...



Sunday, April 15, 2007

Birds of a feather!

Here is the experience of a person who got "Excellent customer service"

source: http://www.complaints.com/directory/2006/june/20/30.htm


June 20, 2006
Hi,I'm a customer of ICICI bank for last 6/7 years. I got a car financed through ICICI bank, which turned out to be a catastrophe for me and my family. I was humilated by the people of ICICI bank with no fault of mine. I have mentioned the name and telephone no of the people involved in the incident which is described in detail below.Please take strong action against these people and stop misbehaving customer if you want to sustain your business in the long run. This is in regard to the harassment by the ICICI loan department executive to me and my family members. I want to know the motive of all the people involved in this and strong action be taken against them.I'm describing the incident from day one after I applied for the car loan.
I have applied for a car loan for "Maruti Alto LXI" in the last week of October 2005 through the Loan on Phone offer introduced by ICICI Bank. In the first week of dec. 2005, Mr. Mohit(Mob No-9811244181), who claims to be a direct sales executive of ICICI bank approched me and settled the deal. The loan was sanctioned in my wife's name(Hiranmayee Rath) and the amount was Rs 2 lakh for three years. He also volunteer to give the vehicle (Alto Lxi, Pearl silver) through Rana motors pvt. Ltd(Tis hazari). He also collected a cheque of Rs 15,000.00 for the booking of the vehicle. The car was supposed to be delivered on 30th dec. On the date of delivery, all the paper work was completed at Rana motors, they also collected a cash down payment of Rs 1.1 lakhs from my wife in the presence of Mr Mohit and told her to wait for 2/3 hrs so that they can get the vehicle from the godown. After 3 hrs they r! efused to give the vehicle in the negotiated price, in stead charge Rs 6,000.00 extra for the delivery. When I refused to pay the extra amount, Mr. Mohit advise me that, it will be for my good to pay that amount otherwise I will have to pay around Rs 10,000.00 as a loan cancellation amount. Finally Rana motors refused to deliver the vehicle and give back the booking amount.
When I contacted Mr. Mohit Anand to return my PDC, he simply said I'm Sorry, I can not help.
After one week, I approached Vipul Motors, Noida for a Vehicle, I also narrated the incident with Rana Motors.Vipul motors deliver the vehicle(Alo Lxi, pearl silver) on 9th Jan. 2006. Then I approached the ICICI customer care centre, sect-18, Noida
and explain all that has happened to two customer care executives Mr. Niraj Katoch and Mr. Kamal Tiwari there. They assured me that, since I have not taken the vehicle from Rana Motors, there is nothing to be worry about. Then I signed the deal(Loan Papers) with Vipul Motor. After one week I got the Schedule of first loan(EMI Rs 6140.00 Loan Act- LADsssssss), First EMI due was 1st feb. I again contacted the Sect -18 customer care centre, and inform Mr. Niraj Katoch about the Loan number and told them to transfer the money to Vipul Motors. He said do not worry, It's ICICI bank responsibilities that the money will go to the dealer from which you bought the car, you can stop the payment of cheques. Then I got the schedule for the second loan after 15 days( EMI- Rs6444.00, Loan Act - LADEL000sssssss). When I contacted the customer care centre, Mr. Kamal Ti! wari told me that only only one loan will be valid, Two loans can not continue for one vehicle in a single person's name.
In march, I got a legal notice form Walia Associates, that I'm a defaulter in a car loan and the cheque bounced. Again on 18th March I approached the customer care and spoke to Mr. Niraj Katoch and Mr. Kamal Tiwari . They took photocopy/scan of Registration certificate, insurance and invoice of the vehicle and send them to Mr.Tygi(Do not know the full name) an ICICI bank executive sitting in videocon tower and to walia associates. This time they told me that I the cancellation certificate along with the cheques latest by first week of may. On 11th may Mr. Ajay Nanger Mob-9818999945, call me up in the moring and started talking aggressively that I have not paid any of my installment and I have sold my vehicle etc. He also told me to meet him at ICICI bank Videocon tower, New Delhi before 12 am for my betterment/safety. I immediately went to Sect -18 customer care centre and spoke to Mr. Kamal Tiwari there about t! his. He spoke to Mr. Ajay Nanger and told that this case is clean, the EMI are paid regularly, it's only a loan cancellation case which was already initiated by them in march. Mr. Ajay Nanger then told, he has to come to this place with the vehicle and the papers for final verification.
I reached Vedeocon tower arroud 12 o'clock, my wife and mother-in-law were also with me, then one guy(Sardarji) claims to be assistant of Mr. Ajay Nanger led us to a small house near Videocon tower which they said is also an ICICI bank branch. Then 3/4 guys ( seams like antisocial) surround us and ask for the vehicle key to park the car. Once they took the key, they did not return that to me after repeated request. Then these people dragged us to Mr. Ajay Nanger room, 2/3 anti social pe! ople started talking aggresively even before I present my case to Mr. Nanger. They also took my RC to check, but did not return that. They did not give the key of my car to get the water bottle form there. After 2/3 hrs of harassment, I spoke to Mr. Biswopriya Panda and narated the incident. Mr Panda also spoke to Mr. Ajay Nanger and enquire about the status. After another hour, Mr. Ajay Nanger called me up and told me to leave with my vehicle and told me that your problem is solved. When I asked for a written statement for that, he replied arrogantly, that it's enough you can go now.
1. Is it the way ICICI bank behaves with their customers? 2. If my case was clear as told by the customer care executive and Mr. Ajay Nanger confess later, why such a harassment to
me along with my wife and my mother-in-law. 3. Why these ICICI bank execitives sanction loans without doing enough home work and later put the customer in trouble ?
4. If ICICI bank want to deal with real good customer in a long term basis, all the brokers/rackets involved in vehicle loan and home loan be removed.
This is a serious concern, I'm harrassed by these people of ICICI bank since dec. 2005, and 11th may is the height of everything, which crosses all limit's.
I want immediate and strong action against all the people involved otherwise I will go to the court of law/consumer forrum, circulate the message to the news groups, and caution all my friends about the incident.
Regards,
Saumendra

Experiences galore

More posts from http://www.arjunprabhu.com/blog/archives/2005/04/27/icici-bank-a-bad-experience-for-many/

ICICI Crusader September 6th, 2005 at 7:39 am
ICICI bank is the worst bank I have ever seen in terms of customer service. My experience with them is very bad. ICICI has disabled my online account for some reason and I have talked to about 10 customer service idiots who have no idea why it was disabled. I had a urgent need and needed to send rupees DD to India but even after opening a case 2 months back with them to get my online account activated they haven’t still made my account active. Initially, they started saying it can be done on phone itself and I have been checking everyday to see if my account is activated. After about 10 days or so, someone told me that this cannot be done on phone and they have to do identity verification and asked me to send email to nri@icicibank.com and I did. They asked me to send some details about the account - like account number, owner, branch where it was opened etc. all. First of e-mail is not secure so I have expressed my concern about it and they took about 4 days in replying that they don’t have any other way like fax or phone. So I sent them e-mail with details and then for about a week there is no response. I had to call them again to talk about it and most of the guys I talked said they cannot do anything other thank noting down the problem. I have asked phone numbers of bank manager where I opened the account or Mumbai NRI branch but they declined to give. After sending few more e-mails they said e-mail won’t help and I need to write a letter asking for account activation and gave mumbai branch address. I immediately sent it and they received it (I got acknowlegement). After getting acknowledgement, I asked them status in e-mail and they said they did not receive any letter from me. This made me little suspicious because someone in Mumbai received the letter and also signed on the acknowledgement. I was asked to send letter again and I did. I lost about 15 days during this and so far no response yet from any idiot in ICICI bank. After about 15 days, they said they just posted new passwords and activated the online account. I received the mail and when I opened it, it says that I have been assigned new online account id. But there are no passwords sent. I tried using it with old passwords and nothing worked. What a bunch of fools are these people ?? I clearly mentioned in the letter that they should just activate my existing account and if any new passwords are assigned they should send me the new passwords too. These idiots give standard response in e-mail saying - we are f***ing sorry about the delay and we are doing f***ing best they can. Ultimately I had to arrange money to my parents thru some friends in India. I wanted to close my useless ICICI account and contacted them they are not responding to it at all.

Am i alone?

Hi people,
here are a few more descriptions of ICICI's "customer friendly" service. Please pay special attention to the viewer comments on the blogs .

http://www.arjunprabhu.com/blog/archives/2005/04/27/icici-bank-a-bad-experience-for-many/

wizard said...
Avoid ICICI Bank. It is not a bank. It is a bunch of day-light robbers!I had the misfortune of opening a Savings account with ICICI, because their agent was after me day and night. I realised their auto-invest plan was so much junk on the first day itself. they automatically carry off any balance in excess of Rs.5000 to a Fixed Deposit. Great!You can withdraw it anyday you want- they say. What they don't tell you is that if you happen to withdraw the amount even a single day before 1 year,( on first in first out basis!) you will lose the entire interest, gyping you out of even the mandatory SB interest!I opened the savings account One year back on a so called special offer of minimum balance of Rs.2000. Any nationalised bank would have given you interest on that amount at SB rate and the money would have grown. But within one year ICICI charged a service charge(for a non-existent service) Of Rs 800+800+200 and now my balance shows Rs.158, without withdrawing a single paise! I guess next quarter they will charge another 800 service charge and come knocking at my door to remit the dues!If you don't call this a robbery, I don't know what else is!
18:09