Haryana

Ambala

CC/338/2014

VIKRAM PAL ARORA - Complainant(s)

Versus

BRANCH MANAGER ICICI BANK LTD. - Opp.Party(s)

Pardeep Batra

14 Sep 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

             Complaint Case No.: 338 of 2014

 Date of Institution   :  05.12.2014

 Date of Decision     :  14.09.2016

Vikram Pal Arora son of late Shri Dharam Pal Arora, R/o H.No.5453 Anaj Mandi, Opposite Nigar Cinema, Ambala Cantt. 

                                                                                                                                                      ……Complainant

                                                                                              Versus

1.         Branch Manager, ICICI Bank, Aggarsain Chowk, Ambala City through its Manager.

2.         Nitin Saini, Sector-9, Chandigarh, ICICI Bank, Chandigarh.

3.         ICICI Bank, Sector-9, Chandigarh through its Regional Manager.

                                                                                                                                                          ……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act.

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.                       

Present:           Complainant in person.

                        Op No.1 exparte.

                        Sh. A.K. Kaushik, Adv. counsel for Ops No.2 & 3.

ORDER.

                        Complainant has filed the present complaint alleging therein that  he  is having a Credit Card bearing No.4477-4669-5000-2021 issued  by OP in August 2007 but from December 2012 to October 2013, no bill was delivered by Ops.  On inquiry, it came to the knowledge of complainant that bill of the complainant was delivered to some other persons and the courier company never care for the same.  So, complainant contacted OP No.1 but neither satisfactory reply given to the complainant nor grievance of complainant redressed by OP, even then complainant made payment on the basis of Minimum Due Payment.  Complainant further contended that Ops wrongly imposed penalty upon the complainant due to fault & negligence of  courier company and the complainant being blamed without any rhyme & reasons.  It has been further alleged by the complainant that he has been receiving the message since June 2014 to September 2014 regarding wrong address of complainant whereas the address of complainant is same for the last 80 years. On contact to the Customer Care, he was informed that to give relief  regarding imposing of penalty and interest, the same is not within their power & jurisdiction and thus the complainant is interested to close the said credit card facility and is ready to pay the amount payable by the complainant without interest/penal interest to the bank but OP bank is not bothering and as such, the complainant has prayed that  there is  clear cut deficiency in service on the part of Ops and prayed for acceptance of the complaint as per relief clause mentioned  in the complaint.

2.                     Upon notice, OP No.1 did not bother to appear, as such  he was proceeded against exparte vide order dated 04.02.2015. 

                        Ops No. 2 & 3 appeared through counsel and  tendered  written statement raising preliminary objections qua non-maintainability of complaint, no locus standi and no cause of action to file the present complaint. On merits, it has been urged that outstanding bills amount were duly informed to the complainant on his registered mobile number and he has deposited the outstanding amount to the Ops and thus all the grievances of the complainant has been resolved and prayed for dismissal of complaint with costs.

3.                     To prove his version, complainant tendered his affidavit as Annexure CX alongwith documents as Annexures C1 & C-2 and closed the evidence whereas on the other hand, counsel for Ops No.2 & 3  tendered affidavit of Sh. Vinay Dixit, Debt Manager as Anenxure RX alongwith document as Annexure R-1 and closed their evidence. 

4.                     We have heard the complainant as well as learned counsel for the Ops No.2 & 3 and gone through the record very minutely.  Man grievance of the complainant is that  from December 2012 to October 2013, complainant not received the bills for the credit card and at the instance of  Collection Centre of OP Bank, he made payment on ‘Minimum Amount Due Payment’. As per complainant, because of the said conduct of the Ops, unnecessary penalty & interest etc. were imposed upon the complainant which is wrong & unjust and by filing the present complaint, complainant has sought relief to the effect that OP be directed to close the credit card in question forthwith and  to accept the payment of the credit card, if any, without imposing  any dues/penalty/interest etc. and to pay litigation expenses etc. In Annexure C-2, complainant has alleged that  he received messages during the period from June to September 2014  that the address of complainant is not correct whereas the complainant is residing at the same address and submitted that he went upto Delhi to get redressal of his grievances but of no avail.

                        On the other hand, answering Ops No.2 & 3 in para nos. 4, 6 & 8 of their written statement has admitted that  outstanding amount has been deposited by the complainant with the bank, as such, all the grievances of complainant has been resolved by them. OP Bank in support of his assertion has placed on record bank transaction statement (Annexure R-1) wherein previous balance against the complainant has been shown as Rs.25,348.90NP and  on 24.01.2015  bank has received  Rs.25470/- from the complainant and as such closing balance has been shown as Rs.121.10NP as credit of complainant towards OP Bank meaning thereby that the Op has no outstanding dues against the complainant qua the credit  card rather complainant has outstanding balance against the OP Bank.

                        In view of the facts discussed above, we are of the confirmed view that no amount  of Ops  is due against the complainant and  the Ops  have voluntarily not closed the credit card account of the complainant at his request and thus they are deficient in providing proper services to the complainant  resulting into unnecessary dragging of complainant into  unwanted litigation. As such, we allow the present complaint  and direct the Ops to comply with the following directions within thirty days from the communication of this order:-

1. To close the Credit Card Account of complainant henceforth and not to demand charges from complainant for this purpose.  
2. To pay a sum of Rs.5000/- to the complainant for harassment and litigation expenses etc.
3. To pay punitive damages to the tune of Rs.5000/- to the complainant.  

                        Further the award in question/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts shall attract simple interest @ 12 % per annum for the period of default. Copies of this order be sent to the parties concerned free of costs, as per rules. File be consigned to the record room after due compliance. 

ANNOUNCED: 14.09.2016                                                             Sd/-

                                                                                               (A.K. SARDANA)

                                                                                                       PRESIDENT                  

 

                                                                                                           Sd/-

                                (PUSHPENDER KUMAR)  

                                                                                                               MEMBER