DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 63/2012
Biswanath Murmu, aged about 50 years,
S/o Bhagabat Murmu, At : C/o – Regional Medical
Research Centre, PO – East coast Railway Complex,
Chandrasekharpur, Bhubaneswar – 751023,
Dist – Khurda …. Complainant
-Vrs.-
- ICICI Bank Ltd., Credit Card Division,
At : OCCF Building, Unit – III, In front of Sriya Talkies,
PO/PS - Kharvelnagar, Bhubaneswar- 751001, Dist : Khurda,
Through its Branch Manager of Credit Card Division.
- ICICI Bank Ltd., Credit Card Division,
At – ICICI Bank Towers, Bandra – Kurla Complex,,
Mumbai – 400051, through its Managing Director.
…. Opp. Parties
For the complainant : Sri K.C.Prusty (Adv.)
For the O.Ps : Sri B.B.Mishra & A.K.Mohapatra (Adv.)
DATE OF FILING : 06/03/2012
DATE OF ORDER : 21/09/2022
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, he had a credit card bearing No. A/c No.4477460683819009 issued by the OPs. The cash limit of that credit card was Rs.12,180/- and credit limit including cash was Rs.40,600/-. He had used the said card and there is an outstanding of Rs.38,000/- against him. The OPs issued notice to him for settlement of the amount. As alleged by the complainant, on 22/1/2008, the agent of the OPs collected Rs.19,000/- from him and issued receipt to that effect. Further on 16/2/2008, the agent of the OPs collected Rs.14,000/- from the OPs and issued receipt to that effect. Further the agent of the OPs collected Rs.9500/- from him and issued receipt to that effect. As alleged by the complainant, the agent of the OPs had collected an excess amount of Rs.4000/- from him. When the complainant demanded for NOC/ NDC, the OPs did not issue the NOC/ NDC to him. Hence this complaint.
3. On the other hand, it is contended by the OPs that as there was an outstanding of Rs.50,958.90 against the complainant, NOC/ NDC could not have been issued to him. As the complainant bears no merit, it is liable to be dismissed with cost.
4 Perused the materials on record. On 22/01/2008, the complainant had paid Rs.19,000/-. On 16/02/2008, he had paid Rs.14,000/-. But the claim of the complainant with regard to the payment of Rs.9500/- on 22/02/2008, is not convincing. On perusal of Annexure – 4, it appears that there is manipulation of date of payment, and the amount mentioned therein. In view of such facts & circumstances of the case, I find no merit in the complaint. Hence it is ordered.
ORDER
The complaint is hereby dismissed on merit against the OPs being devoid of merit.
The order is pronounced on this day the 21st September, 2022 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno