ASHOK KUMAR NENWANI

(ADVOCATE)
Enrolment No. : DL/1269/2001
K-11/14 FIRST FLOOR DLF PHASE II, GURUGRAM, HARYANA - 122002
Mob- 9811487018 E-Mail – nenwani.ashokkumar@gmail.com

To, Dated – 23.01.2019

The Manager,
ICICI Bank Ltd.
Saket, New Delhi – 110017
Subject – Legal Notice Regarding wrongful deduction of monthly charges

Dear Sir,
FROM AND ON BEHALF OF MY CLIENT NRG TRAVELS & FOREX PVT.
LTD. THROUGH IT’S DIRECTOR OM PARKASH GULATI OFFICE AT H-
15/1 UGF MALVIYA NAGAR NEW DELHI – 110017 I SERVE YOU WITH
THE FOLLOWING LEGAL NOTICE;

1. That my client was approached by your representative to open a account

with you and was also assured that a zero balance account would be opened
with no charges to be levied or deducted on the balance to be maintained.
2. That based on the false assurances of your representative my client was
lured into opening zero balance account on 15.11.2017.
3. That the account was opened on the misrepresentation and false promise
that it will operate as a zero balance account with no deduction whatsoever.
4. That however, from the very next month itself there were arbitrary
deductions and unnecessary charges were being levied without the
knowledge or consent of my client and also without his will.
 5. That the account was opened on a false pretext whereas the purpose of
opening the account was frustrated as since December, 2017 till date Debit
card issuance charge, monthly minimum average balance charge etc. are
being deducted.
6. That my client also wrote a letter to you the above-said addressee on
14.12.2018 requested the reclaim of all bank charges however you the
above-said addressee had a deaf ear for the some and refused to
acknowledge any representation made by client.
7. That you have wrongful enriched yourselves by causing unlawful loss to
my client.
8. That you the above-said addressee are liable for criminal breach of trust,
fraud, cheating, enticing my client to open a account and other criminal
wrongs.
9. That although an F.I.R. should be registered against you for defrauding my
client and other like victims, I am sending you this legal notice as a last
and final opportunity to refund the sum of Rs. _________ to my client
along-with a sum of Rs. _______ as charges for harassment and mental
agony.
10.That my client is a innocent citizen of India and reserves the right to file a
criminal, insolvency, civil incase his money is not refunded in 15 days from
the receipt of this legal notice, and the same shall be at your own risk, cost
and peril.

Regards,

ASHOK KUMAR NENWANI

ADVOCATE

NOTE : The cost of this Legal Notice i.e. Rs. 11,000/- shall also be borne by you
 In the Court of Senior Civil Judge : Saket Courts (South) : New Delhi
Civil Suit No. of 2019
In the matter of :
NRG TRAVELS & FOREX PVT. LTD. VS The Manager, ICICI Bank Ltd.
SUIT FOR DECLARATION
MOST RESPECTFULLY SHOWETH:
1 That the Plaintiff is a Pvt. Ltd., a proprietorship Company and works for
gain through its Director, Shri Om Parkash Gulati, and works for gain at Delhi
and is being run / officiating from the above mentioned address.
2 That the Plaintiff through its Director, Shri Om Parkash Gulati, opened an
account with the Defendant Bank with the assurance by the Defendant that an
amount of Rs.100,000/- ( Rupees One Lakh only) balance account would be
opened with no charges to be levied or deducted on the balance to be maintained.
3 That based on the assurance of Defendasnt, the Plaintiff was lured into
opening of an account of Rs.100,000/- ( Rupees One Lakh only) with the balance
minimum account on 15.11.2017.
4 That the account was opened by the Defendant on the misrepresentation
and false assurance and / or promises that it will operate as a Rs.100,000/- (
Rupees One Lakh Only) balance account with no deduction whatsoever.
5 That it is pertinent to mention herein that from very next month itself there
were arbitrary deductions and unnecessary charges were being levied without the
knowledge or consent of the Plaintiff.
6 That it is worth while to mention herein that the account was opened on a
total false pretext whereas the purpose of opening of the account was frustrated
as since December, 2017, till date Debit Card issuance charges, monthly
minimum average balance charges etc. are being deducted, which is totally
against the well settled law of the land and as per the guidelines of the Reserve
Bank of India.
7 That the Plaintiff from the very first day after account opening not getting
any alert through messages or emails or statements or calls, which is also totally
against the well settled guidelines of Reserve Bank of India.
8 That in this regard, the Plaintiff also wrote a letter dated 14.12.2018 to the
Respondent at the above address vide its letter dated 14.12.2018 requesting the
reclaim of all bank charges, however, the Defendant had deaf ear for the same
and refused to acknowledge any representation made by the Plaintiff.
9 That thereafter the Plaintiff served upon the Defendant a legal notice dated
28.01.2019, which was duly receipted and acknowledged by it and the Defendant
sent a reply dated 11th February 2019 stating that the Defendant is regretted to
agree to the request of the Plaintiff. Hence, the present Suit is filed to declare that
the deduction is made with mala fide, arbitrary, no message and / or alert is being
sent and / or made to the Petitioner prior to the deductions.
10 That the cause of action arose in favour of the Plaintiff and against the
Defendant as it is accruing day by day as deductions are being made / deducted
without message and / or any consent.
11 That this Hon’ble Court has got the jurisdiction to try and entertain the
present petition as the parties are working for gain under the territorial
jurisdiction of this Hon’ble Court.
In view of the above facts and circumstances, it is most respectfully prayed
that the directions may please be issued to the Defendasnt declaring to reverse
the entries qua the amount so deducted from time to time without any knowledge
of the Plaintiff and / or without alert or message etc. AND / OR in the alternative
pass such other or further order or orders as this Hon’ble Court may deem fit and
proper under the circumstances of the case.

PLAINTIFF
Through
 ADVOCATE
VERIFICATION:
Verified at New Delhi, on this day of March, 2019, that the
contents of paras 1 to 9 of the plaint are true and correct on the basis of records
maintained during the course of time, and those of paras 10 to 11 are true and
correct on the basis of legal advice received and believed to be true.

PLAINTIFF
 In the Court of Senior Civil Judge : Saket Courts (South) : New Delhi
Civil Suit No. of 2019
In the matter of :
NRG TRAVELS & FOREX PVT. LTD. VS The Manager, ICICI Bank Ltd.
Memo of Parties

NRG TRAVELS & FOREX PVT LTD

THROUGH ITS DIRECTOR MR OM PARKASH GULATI
HAVING ITS OFFICE AT H – 15/1 UGF,
MALVIYA NAGAR
NEW DELHI – 110 017 ..PLAINTIFF

VS
The Manager
ICICI Bank Ltd.
Saket
NEW DELHI – 110 017 ..DEFENDANT

PLAINTIFF

Through

ADVOCATE
PLACE : NEW DELJHI
DATED : .03.2019
 In the Court of Senior Civil Judge : Saket Courts (South) : New Delhi
Civil Suit No. of 2019
In the matter of :
NRG TRAVELS & FOREX PVT. LTD. VS The Manager, ICICI Bank Ltd.

AFFIDAVIT
Affidavit of Shri Om Parkash Gulati, Director of Plaintiff having an office at H –
15/1 UGF Malviya Nagar, New Delhi – 110 017.
I, the above named deponent do hereby solemnly affirm and declare as
under :-
1 That the above mentioned Suit for Declaration is drafted by our Counsel
as per our instructions, the facts stated in the accompany suit are true and correct,
the same are not being repeated herein for the sake of brevity and the same may
please be read as part of this affidavit.
2 That the documents are true copies of the originals.

DEPONENT
VERIFICATION
Verified at New Delhi, on this day of March, 2019, that the
contents of above affidavit are true and correct, no part of it is false and nothing
material has been concealed therefrom.

DEPONENT
 In the Court of Senior Civil Judge : Saket Courts (South) : New Delhi
Civil Suit No. of 2019
In the matter of :
NRG TRAVELS & FOREX PVT. LTD. VS The Manager, ICICI Bank Ltd.

LIST OF DOCUMENTS ALONG WITH DOCUMENTS FILED ON BEHALF

OF THE PLAINTIFF

1 Photo copy of details of accounts of Plaintiff

2 Photo copy of Legal Notice dated 28.01.2019 sent for and on behalf of
the Plaintiff to the Defendant

3 Photo copy of Reply dated 11.02.2019 in response to the above Legal

Notice sent for and on behalf of the Defendant Bank

PLAINTIFF

Through

ADVOCATE
PLACE : NEW DELJHI
DATED : .03.2019
 In the Court of Shri Mohinder Virat : ADJ (SE): Saket : New Delhi :

EX 52/2019
In re:
Harish Taneja vs M/s Supertech Ltd.
N.D.H. : 28/05/2019/08/07/2019

AFFIDAVIT

Affidavit of Shri Harish Taneja, son of late Shri L.D. Taneja, resident of G
14/1, 3rd Floor, Malviya Nagar, New Delhi – 110 017, aged about years.

I, the above named deponent do hereby solemnly affirm and declare as

under :-

1 That the deponent is the Decree Holder in the above mentioned Execution
Petition No. 52 of 2019 and as such is familiar with the facts of the case.
2 That the deponent did receive a copy of the petition being OMP No. 43 of
2019, from the Court of Shri Sanjay Sharma – II, ADJ – 05 (SE),Saket Courts,
New Delhi, returnable on 17.05.2019.
3 That the deponent states that the proceedings before the executing Court
are stayed subject to deposit of 50% of the decretal amount in the name of the
Court in the form of FDR for a period of one year with auto renewal mode.
4 That the deponent states that the deponent has no knowledge whether any
amount much less amount of 50% of the decretal amount in the name of the Court
in the form of FDR has been deposited or not.

DEPONENT
VERIFICATION
Verified at New Delhi, on this 10th day of May, 2019, that the contents of
above affidavit are true and correct, no part of it is false and nothing material has
been concealed therefrom.

DEPONENT
BEFORE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION : NEW DELHI :

CAVEAT NO. OF 2019

Gope Kishnani Caveator / Respondent

vs
Chairman and Managing Director, Non-Caveator/Appellant
M/s Religare Health Insurance Co. Ltd.

Caveat Petition filed on behalf of Gope Kishnani, Caveator / Respondent

Respectfully Showeth:

1 That the address of the Caveator for service of notice within the jurisdiction
of this Hon’ble Court is as shown in the Memo of Parties.
2 That the address of the expected Appellant / non-Caveator for service of
notice is as shown in the Memo of Parties.
3 That the Caveator is the Respondent in Firm Appeal No. 187 of 2017, on
the file of Delhi State Consumer Disputes Redressal Commission. The Hon’ble
State Consumer Disputes Redressal Commission dismissed the Appeal of the
Appellant / Nob-caveator vide Judgement passed on 09.05.2019.
4 That no it is reliably learnt that the Appellant / Non-caveator is taking
hectic steps to approach this Hon’ble National Consumer Disputes Redressal
Commission, New Delhi, against the dismissal of the First Appeal No. 187/2017
and may apply for interim relief against the Caveator / Respondent. It is
submitted that the intention of the Appellant / Non-caveator is only to cause
hardship and trouble to the Caveator, who is most senior citizen of India. If any
interim relief is granted to the Appellant / Non-Caveator without hearing the
Caveator, in advance, it would cause irreparable injury and hardships to the
Caveator.
5 That let nothing be done in the above matter without notice to the caveator
in advance.
6 That a copy of the caveat is sent to the Appellant / non-caveator by post
and the postal receipt is produced herewith

CAVEATOR
through

ADVOCATE
PLACE : NEW DELHI
DATED : 05.2019
BEFORE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION : NEW DELHI :

CAVEAT NO. OF 2019

Gope Kishnani Caveator / Respondent

Vs

Chairman and Managing Director, Non-Caveator/Appellant

M/s Religare Health Insurance Co. Ltd.

AFFIDAVIT

Affidavit of Shri Gope Kishnani, son of late Shri Hari Ram, resident of O – 22,
First Floor, Lajpat Nagar II, New Delhi – 110 024, aged about years.

I, the above named deponent do hereby solemnly affirm and declare as under :-

1 That the accompanying Caveat has been filed by my counsel, as per my

instruction, the facts stated therein are true and correct, no part of it is false and
nothing material has been concealed therefrom.

2 That the contents of the accompanying caveat has not been repeated herein
for the sake of brevity, the same may please be read as part of this affidavit for
the sake of brevity.

DEPONENT
VERIFICATION
Verified at New Delhi, on this day of May, 2019, that the contents
of above affidavit are true and correct, no part of it is false and nothing material
has been concealed thereform.

DEPONENT
BEFORE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION : NEW DELHI :

CAVEAT NO. OF 2019

Gope Kishnani Caveator / Respondent

vs
Chairman and Managing Director, Non-Caveator/Appellant
M/s Religare Health Insurance Co. Ltd.

MEMO OF PARTIES

Gope Kishnani
Son of late Shri Hari Ram
Resident of O – 22, First Floor,
Lajpat Nagar
New Delhi – 110 024 Caveator / Respondent

VS

Chairman and Managing Director

M/s Religare Health Insurance Company Ltd.
D 3, P 3 B, District Centre
Saket, New Delhi 110 017 Non-Caveator/Appellant

CAVEATOR

through

ADVOCATE

PLACE : NEW DELHI

DATED : .05.2019
BEFORE NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION : NEW DELHI :

CAVEAT NO. OF 2019

Gope Kishnani Caveator / Respondent

vs
Chairman and Managing Director, Non-Caveator/Appellant
M/s Religare Health Insurance Co. Ltd.

INDEX

S.NO. PARTICULARS PAGE NOS. COURT FEE

1 Memo of Parties 1

2 Caveat Petition with supporting Affidavit 2–4

3 Photo copy of certified copy of the

Judgement dated 09.05.2019 5–7

4 Proof of Service 8

5 Vakalatnama 9

CAVEATOR

through

ADVOCATE
PLACE : NEW DELHI
DATED : .05.2019