In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 194 / 2010.
1) Abhijit Pal Chowdhury,
271/1, N.S.C. Bose Road,
“Arpita Apartment”, 1st Floor, Flat No.1,
Kolkata-47, P.S. Jadavpur. ---------- Complainant
---Versus---
Credit Card Department
ICICI Bank Ltd.
1) “Bachawat House”, 2, Upper Wood Street,
2nd Floor, Kolkata-17, P.S. Shakespeare Sarani.
2) 2B, Shambhu Nath Pandit Street,
Kolkata-20, P.S. Bhawanipore. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 30 Dated 23-07-2013.
The case of the complainant in short is that complainant was holding an ICICI Bank Credit Card, bearing no.4477 4737 9982 5000, against which he used to make his payment in regular basis.
Complainant states that on 28.2.09, he became astonished, after being received one demand notice, issued by the o.p., sent under regd. speed post with A/D., through their ld. advocate M/s Sinha & Company of 5, Kiran Sankar Roy Road, Kolkata-1, u/s 138(b) of the N.I. Act, 1881, demanding payment of a dishonoured cheque, bearing number 686844 dt.28.1.09, for Rs.6750/-, alleged to be drawn on United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82, against usage of ICICI Bank credit card no.4477 4737 9982 5000, as he does not maintain any account with the said United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82 and as such did not issue any such cheque at any material point of time to the o.p. and immediately thereafter, he made a reply stating all these facts, through a legal notice by his ld. advocate on 16.3.09, under regd. post with a/d, denying all the allegations leveled against him, as well as with a further request to withdraw such notice with an immediate effect, addressed to the o.p. as well as their ld. advocate, which were duly been received by both of them by signing the respective a/d cards.
Complainant states that he further received a summons issued by Ld. Metropolitan Magistrate, 9th Court at Kolkata with a direction to appear before him on 1.7.09, enclosing one petition of complaint, lodged by the o.p., before the Ld. Chief Metropolitan Magistrate, at Kolkata, alleging the facts as corroborated in their earlier legal demand notice and by virtue of such illegal act done by the o.p. it could be ascertained by the complainant that the o.p. totally ignored his said notice-in-reply dt.16.3.09 and with a malafide intention to harass him and/or to extort money from him illegally, filed such proceeding, registered being case no.C/17538/09.
Complainant states that immediately thereafter, he made an enquiry under the Right to Information Act, 2005, by giving the prescribed fees, by way of writing on the prescribed format to the United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82 that whether he has any account maintained with them and whether the impugned cheque has been issued by him and after scrutiny, United Bank of India Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82, replied him negatively.
It is stated by the complainant that the criminal revisional application has been transferred before the Ld. Additional District and Sessions Judges, Fast Track 1st Court at Kolkata, and after hearing the Ld. Judge has been pleased to succeed / affirm the prayer made by the complainant vide order dt.18.2.10.
Complainant states that the o.p. knows very well that he has / had no account with the United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82 and as such question of issuing any such cheque at any material point of time to the o.p. does not arise and prior to receive any summons, he intimated the matter to the o.p. through legal notice issued by his ld. advocate dt.16.3.09, but out of grudge, ignorance, causality, negligence, the o.p. after having being received of such notice by signing the A/D. cards did not pay heed to that. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that on 28.2.09, he became astonished, after being received one demand notice, issued by the o.p., sent under regd. speed post with A/D., through their ld. advocate M/s Sinha & Company of 5, Kiran Sankar Roy Road, Kolkata-1, u/s 138(b) of the N.I. Act, 1881, demanding payment of a dishonoured cheque, bearing number 686844 dt.28.1.09, for Rs.6750/-, alleged to be drawn on United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82, against usage of ICICI Bank credit card no.4477 4737 9982 5000, as he does not maintain any account with the said United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82 and as such did not issue any such cheque at any material point of time to the o.p. and immediately thereafter, he made a reply stating all these facts, through a legal notice by his ld. advocate on 16.3.09, under regd. post with a/d, denying all the allegations leveled against him, as well as with a further request to withdraw such notice with an immediate effect, addressed to the o.p. as well as their ld. advocate, which were duly been received by both of them by signing the respective a/d cards.
We further find that immediately thereafter, he made an enquiry under the Right to Information Act, 2005, by giving the prescribed fees, by way of writing on the prescribed format to the United Bank of India, Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82 that whether he has any account maintained with them and whether the impugned cheque has been issued by him and after scrutiny, United Bank of India Paschim Putiary Branch of 477, Mahatma Gandhi Road, Kolkata-82, when the said bank replied him negatively.
It is seen from the record that the criminal revisional application has been transferred before the Ld. Additional District and Sessions Judges, Fast Track 1st Court at Kolkata, when after hearing the Ld. Judge has been pleased to succeed / affirm the prayer made by the complainant vide order dt.18.2.10.
In view of the above findings and on perusal of the entire materials on record we find that the complainant has failed to substantiate his case.
Therefore, we are constraint to hold that the o.ps. did not have any lapse on their part being service provider to their consumer / complainant and complainant is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
