• Amount debited from my account incorrectly

Hello Sir's 
On 24th August 2016 at 8.30pm , Amount debited (INR 61,126) from my ICICI Bank account, I got SMS alert , when I Checked online the transaction details are mentioned like this
 CMS/000252807610/ICICIPRULIFEINS__17991543 
When I called bank customer care, they say out of support hrs , only debit card fraud entertrained , when i Call icici pru life (policy no 17991543) 

I had taken one poilicy or 60000 (Policy no was 18807261) , and cancelled in freelookup period on 08-aug-2014 , amount was refunded and no premium / no notification / no alerts for premium in 2015 or thereafter 

All of sudden account debited INR61126, no sms alert, no premium reciept email till now, when I call callcenter cannot reach executive without entering policy no , when I enter  18807261 - it says incorrect policy 

I have give complaint in bank , they are getting back in 15 days. But I want to know what legal action I can take. 

Even if they return my money , I want to make them shit in their pants for harassing me and my family , My wife not slept for 3 days  already tension between us for some other reasons
Please Note: No amount refunded to my account till i write query for advise (26-aug-2016)
Asked 12 months ago in Business Law from Pune, Maharashtra
1) issue legal notice to bank to refund sum of Rs 61126 wrongly debited to your account 

2) mention that you had not issued any cheque nor given any authorisation for said debit 

3) if bank refuses to refund file complaint before consumer forum seek refund with interest , compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
33753 Answers
1866 Consultations

5.0 on 5.0

Hello,
1) It appears that there has been a goof up at the bank's end and therefore they are liable to investigate and get back to you with a remedy, which is the refund of your money.

2) If the bank fails to act as promised within the time stipulated, you an take legal action against the bank/ICICI prudential by sending them a legal notice and if you are not adequately compensated for the mental  agony , you can approach the Consumer Forum against the bank.
S J Mathew
Advocate, Mumbai
2083 Answers
87 Consultations

5.0 on 5.0

You have to lodge a compliant with the Banking OMBUDSMAN. You can also complain online they will respond and justice will be done to you. After getting back your money you can claim for compensation, damages etc., by approaching concerned district consumer forum. 
Lakshmi Kanth
Advocate, Hyderabad
376 Answers
4 Consultations

4.8 on 5.0

1. This is an act which falls within the mischief of deficiency in services within the sweep of Consumer Protection Act, which entitled you to move the consumer forum to recover the debited amount with compensation from the bank for the mental agony suffered by you.

2. Before going to consumer forum send a complaint to the Banking Ombudsman, 
Ashish Davessar
Advocate, Jaipur
20784 Answers
551 Consultations

5.0 on 5.0

You have to wait for the stipulated period till you get a reply and after that you can initiate legal process. 

That will be more effective.

This is a fit case for dragging those people to consumer forum for their reckless and arrogant attitude towards the customers. 

You can claim suitable compensation for the mental stress caused due to this besides recovery of your due amount with interest. 
T Kalaiselvan
Advocate, Vellore
23746 Answers
234 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer