Date of Filing: 10/10/2011
Date of Order:31/10/2011
BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE - 20
Dated: 31st DAY OF OCTOBER 2011
PRESENT
SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT
SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER
SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER
COMPLAINT NO.1865 OF 2011
Sri.R.Bharath.R,
S/o. Sri. Ramanna,
Aged About 29 years,
No.38/2, 2nd Main, 2nd Cross,
Shivanagar, BANGALORE-560 001.
Rep. by Advocate Sri.Sharath Kumar Shetty) …. Complainant.
V/s
The Officer,
DEBT Management/Manager,
Credit Card Division, ICICI Bank Limited,
ICICI Bank Tower, # 1,
Commissariat Road,
BANGALORE-560 025. …. Opposite Party.
BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT
-: ORDER:-
The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Party to withdraw the claim made in the statement dated: 28.08.2011 and to pay damages of Rs.25,000/-, are necessary:-
The complainant has used the credit card of the opposite party bearing No.5176537112867005. As per the statement of accounts of the opposite party that the complainant is due Rs.21,750/- as on 12.02.2011 the complainant has paid the entire dues to the respondent by installments, first on 28.01.2011 of Rs.8,500/- and the second and final installment on 12.02.2011 of Rs.13,250/- for which the opposite party has issued “No Due Letter/Settlement” dated: 27.01.2011 subject to realization of cheque. The cheque was honored subsequently. In spite of that, on 28.05.2011 the opposite party has issued notice demanding Rs.69,227.51 paise. The complainant has issued notice to the opposite party on 15.06.2011. Even then nothing has happened. Hence the complaint.
2. When the matter was posted for arguments on admission as certain clarifications were required, the complainant nor his counsel were present either on 17.10.2011 or on 19.10.2011 or on 22.10.2011. Hence perused the records.
3. The points that arise for our consideration are:-
:- POINTS:-
- Whether there is prima facie case of deficiency in service/unfair trade practice as against the opposite party?
- What Order?
4. Our findings are:-
Point (A) & (B) : As per the final Order
for the following:-
-:REASONS:-
Point A & B:-
5. The complaint is summarized supra. The same be read herein again, it is as understandable as vague as it could be. The complainant has stated in the complaint that as per the statement of account as on 12.02.2011 he was due Rs.21,750/- that statement of accounts has not been produced by the complainant. Why? There is no answer. Further the complainant has stated that as per the statement of accounts of 12.02.2011 he has paid Rs.8,500/- on 28.01.2011 and Rs.13,250/- on 12.02.2011. There is no material for it. If the statement of account is dated: 12.02.2011 how can he pay an amount of Rs.8,500/- on 28.01.2011? there is no answer. Further he has stated that he has paid Rs.13,250/- on 12.02.2011, but there is no proof for it.
6. The complainant never stated what are the cheque numbers which he has issued? In whose favour he has issued? On what bank it has been drawn? When the cheque has been encashed? He could have produced his pass-book or he could have produced his certificate obtained from the concerned bank, even that has not been produced. Hence under these circumstances the complaint is as bald as it could be.
7. The complainant has produced in Annexure-A a letter written by the opposite party on 27.01.2011. The relevant portion of the said letter reads thus:-
That means as a one time settlement an offer was made by the opposite aprty and accepted by the complainant that regarding the amount due they are prepared to accept Rs.21,750/- and the first installments has to be paid on 28.01.2011 and the second installment has to be paid on 12.02.2011 and the complainant has to take the receipt for the amount and produce it before the concerned within that period, if it is not paid then the one time settlement stands cancelled. This has not been whispered by the complainant i.e., about the one time settlement anywhere in the complaint or in his notice.
8. The complainant has produced the credit card statement issued by the opposite party for the due date 15.06.2011. According to which the complainant was due Rs.65,243.21 paise earlier and he did the transaction in the credit card in that month for Rs.3,984.30 paise. That means the amount is not cleared and he made transaction from the credit card subsequent to the alleged one time settlement and he has not paid that money also. Hence the opposite party demanded the money. It is further seen that the complainant was charged late fee of Rs.700/- on 17.05.2011, service tax of Rs.72.10 paise on 23.05.2011, service tax of Rs.73.24 paise on 27.05.2011, service tax of Rs.226.72 on 27.05.2011, interest charges of Rs.2,201.16 paise on 27.05.2011, over limit charge of Rs.711.08 on 27.05.2011. This clearly goes to show that the complainant had not paid any money to the opposite party in spite of the offer of one time settlement. Even though his credit card limit was Rs.40,000/-, he has exceeded the amount. The complainant has not come to the Forum with clean hands. There is no per contra material.
9. Even in the notice dated: 10.06.2011 the complainant has not stated about this one time settlement nor he has stated what was the amount due nor he has stated how he has cleared the amounts as per the one time settlement nor gave the details of it. Hence under these circumstances there is no necessity to issue any process to the opposite party. Hence we hold the above points accordingly and proceed to pass the following:-
-: ORDER:-
- The Complaint is Dismissed. No order as to costs.
- Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
- Send a copy of this order to both parties free of costs, immediately.
(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 31st Day of October 2011)
MEMBER MEMBER PRESIDENT
