Haryana

Sonipat

CC/48/2015

AJAY RATHEE S/O JAI PARKASH - Complainant(s)

Versus

1. ICICI BANK LTD.2ICICI BANK LTD. - Opp.Party(s)

AJAY RATHEE

17 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

SONEPAT.

                               Complaint No.48 of 2015

                             Instituted on:19.02.2015

                             Date of order:28.07.2015

 

Ajay Rathee son of ViJai Parkash resident of Pargati Nagar, Gohana road, Sonepat.                                                                                                                                                       ...Complainant.

 

                      Versus

 

1.ICICI Bank Ltd. near Atlas Factory, Sonepat through its Manager/CM.

2.ICICI Bank Ltd. Landmark Race Course Circle, Vadodara  through its CM/MD.

 

                                            ...Respondents.

 

COMPLAINT UNDER SECTION 12 OF        

THE CONSUMER PROTECTION ACT,1986

 

Argued by:    Ajay Rathi complainant in person.

              Respondents ex-parte.

 

 

BEFORE    NAGENDER SINGH, PRESIDENT.

          PRABHA WATI, MEMBER.

          D.V. RATHI, MEMBER.

 

O R D E R

 

          Complainant has filed the present complaint against the respondents alleging therein that he is having credit card from the respondent no.1 and on 14.7.2014 he purchased some articles for Rs.31000/- form sagar hot spot.  The complainant has paid the bill regularly, but he was surprised to see that there are several installments and the complainant had paid total amount of Rs.31000/- on 14.12.2014.  But the respondents have taken some illegal amount from the complainant and the complainant has asked the respondent no.1 to return the amount of Rs.6320/-.  After this, an amount of Rs.2221/- was deducted by the respondent on 14.1.2015.  The complainant made complaint in this regard, but the said amount of Rs.2221/- has not been returned to the complainant and that amounts to a grave deficiency in service on the part of the respondents. So, he has come to this Forum and has filed the present complaint.

2.        In the present case, the respondents no.1 and 2 were proceeded against ex-parte vide order dated 1.7.2015

3.        We have heard the ex-parte arguments advanced by the ld. Counsel for the complainant at length and we have also gone through the entire relevant material available on the case file carefully & minutely.

 

4.        Complainant has argued that the respondents wrongly and illegally deducted the amount of Rs.8542/- from  his account and that amounts to a grave deficiency in service on the part of the respondents.

          As per the complainant, on 14.7.2014 he paid the first installment of Rs.5028.50 paise alongwith interest of Rs.335.83, on 14.8.2014 he paid second installment of Rs.5028.50 paise with interest of Rs.335.83 paise, on 14.9.2014 he paid  third installment of Rs.5082.97 paise with interest of Rs.281.36 paise, on 14.10.2014 he paid fourth installment of Rs.5138.04 paise with interest of Rs.226.29, on 14.11.2014 he paid fifth installment of Rs.5193.70paise with interest of Rs.170.63 paise, on 14.12.2014 he paid sixth installment of Rs.5249.96 paise with interest of Rs.114.37 paise.  But inadvertently, 7^th installment of Rs.5306.83 paise with interest of Rs.57.49 paise and service tax of Rs.7.11 paise was deducted.  As per document C3 to C8 an amount of Rs.30718/- was paid by the complainant towards Rs.31000/- and thus, only Rs.282/- was to be paid by the complainant to the respondent.  In our view, the amount of Rs.5306/- has been deducted wrongly, whereas the respondent’s entitlement was only to charge Rs.282/-. Accordingly, we hereby direct the respondent to deduct Rs.282/- from Rs.5306/- and to refund the amount of Rs.5024/- (Rs.5306 – 282=5024) to the complainant.

          In the present case, opportunities were given to the respondents to come present before this Forum and to contest the present complaint.  But none has appeared on behalf of the respondents to defend the complaint of the complaint and the respondents were proceeded against ex-parte. Accordingly, we have no other option except to accept the present complaint. Thus, we hereby direct the respondents to pay Rs.5024/- to the complainant. However, it is also directed to the respondent that if during the pendency of the present complaint, any amount is paid by the respondent to the complainant towards the disputed amount, in that event, the respondent shall be at liberty to deduct the said amount from Rs.5024/-.

          With these observations, findings and directions, the present complaint stands allowed ex-parte.

 

          Certified copy of this order be provided to the ld.

 

 

Counsel for the complainant free of costs and the same be also sent to the respondents for information and its strict compliance.

          File be consigned after due compliance.

 

 

(Prabha Wati)        (DV Rathi)                 (Nagender Singh-President)

Member DCDRF        Member DCDRF                   DCDRF, Sonepat.

 

Announced:28.07.2015