Tamil Nadu

South Chennai

CC/317/2014

C.P.Premkumar - Complainant(s)

Versus

ICICI Bank, Chief Manager - Opp.Party(s)

M/s.Prabhakaran

28 Oct 2022

ORDER

Date of Complaint Filed : 22.07.2014

Date of Reservation      : 27.09.2022

Date of Order               : 28.10.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No.317/2014

FRIDAY, THE 28^th DAY OF OCTOBER 2022

C.P. Premkumar,

No. 5/2, Lakshmi Vinayagar Koil Street,

Ekkattuthangal,

Chenna-600 032.                                                             ... Complainant              

 

..Vs..

1.ICICI Bank - Main Branch,

   Rep. by its Chief Manager,

   P.B. No. 1610, DARE House,

   Annexe 44, Moore Street,

   Chennai- 1.

 

2.ICICI Bank- Regional Branch,

   Rep. by its Regional Manager,

   93, ICICI Bank Tower, 6^th Floor,

   East Wing Santhome High Road,

   Near Mandeveli Ayyappan Temple,

   Mylapore, Chennai.

 

3.The Assistant General Manager,

   ICICI Bank Limited,

   Registered office at

   Nanmark Race Course Circle,

   Wadodhara-390 007.                                                 ...  Opposite Parties

******

Counsel for the Complainant          : M/s. A. Prabhakaran

Counsel for the Opposite Parties     : M/s. K. Moorthy

 

On perusal of records and after having treated the Written Arguments as oral arguments of Complainant on endorsement made by the Complainant, and upon hearing the oral arguments of the Counsel for the Opposite Parties, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and prays to refund a sum of Rs.47,780/- collected / debited from the Complainant’s salary account and to pay a sum of Rs.2,00,000/- as compensation for the mental agony sustained by the Complainant along with cost.

2.     The averments of Complaint in brief are as follows:-

             The Complainant availed Credit Card vide account No.4477460409139005 and right from the date of availing the said card he as a dutiful customer remitted the due amounts. Lastly he availed the service under the card on 26.06.2004, thereafter he never availed any service under the card and by calling the Customer care he specifically informed for the closure of the account. In view of his repeated efforts, settlement was arrived during the month of March 2006, accepting Rs. 10,000/- as one time settlement and in furtherance of which a sum of Rs.1500/- was paid on 04.02.2006 and further sum of Rs.1500/- was paid on 04.03.2006 and another sum of Rs.2000/- was paid on 04.04.2006. Thereafter the Complainant tried to pay the balance amount of Rs.5000/- which ended in vain. Further, the officials of the Opposite Party with a malafide intention had debited a sum of Rs.16,772/- from the Complainant salary account of 05.12.2006. Further debited  a sum of Rs.500/- from the salary account of the Complainant for a period of 8 months. Further on 17.02.2014 again a sum of Rs.972/- was debited. Again debited a further sum of Rs.18,202/- on 06.03.2014 and issued statement informing that a further sum of Rs.29,747.78/- is due. The Complainant has not availed any service under the credit card with effect from 26.06.2004. The conduct of the Opposite Party has caused untold mental agony to the Complainant. The Complainant was constrained to issue legal notice dated 26.03.2014 to the Opposite Parties. On receipt of which the 3^rd Opposite Party issued vexatious reply dated 16.04.2014. The action of the Opposite Parties is nothing but deficiency in service coupled with negligence. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

The Opposite Party submitted that the Complainant is not a consumer under section 2 (d)(i) of the Consumer Protection Act 1986. Further the complaint is liable to be dismissed on the ground of limitation. The Opposite Party deny the averment that the Complainant never availed any service under the credit card after 26.06.2004. Since the Complainant had failed to pay the due amount of the Credit Card for the usage made by him the Opposite Party could not close the account of the Complainant. The Opposite Party never arrived any settlement at any point of time. This Opposite Party agreed that the sum of Rs.1500/- and a sum of Rs.1500/- and further sum of Rs.2000/- were paid by the Complainant on 04.02.2006, 04.03.2006 and on 04.04.2006 against the outstanding and the same was adjusted against the total outstanding dues and thereafter the complainant has not paid the remaining due amount, in spite of demands made by the Opposite Party. Since there are dues pending on the Complainant’s credit card account the Opposite Party had sent reminder vide letter dated 26.12.2008, 23.11.2012, 14.02.2013, 20.07.2013, 21.10.2013, 16.12.2013 informing the Complainant about the outstanding dues pending on the Credit Card Account  but neither payment nor any reply was received from the Complainant. The Opposite Party has exercised their statutory right under the Indian Contract Act to put the lien on the credit card dues and to set off the available balance against the dues payable. Even after debiting the amount  there is outstanding dues pending on the credit card account of the Complainant. So this Opposite Party has charged an additional amount as penal charges.  Since the Complainant had neither replied nor paid the outstanding amount a prior lien intimation letter dated 04.02.2014 and 20.02.2014 was sent to the Complainant.  On 07.03.2014 this Opposite Party has sent a letter to the Complainant to pay the remaining due, but there was no reply from the Complainant. The Complainant is still liable to pay a sum of Rs.16,943/-. The Complainant had evaded to pay the amounts and approached this Forum with malafide intention for unlawful enrichment. Hence the complaint is to be dismissed.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, Ex.A-1 to Ex.A-15  were marked. The Opposite Party submitted its Written Version and Proof Affidavit of Opposite Parties was closed and no document was marked.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled?

Point No.1:

      The contention of the Complainant was that he had availed credit card facility from the Opposite Party bearing Account No.4477460409139005. It was contended that lastly he had availed the service under the Credit Card on 26.06.2004. He had requested the Opposite Party for closure of account. In view of the repeated requests a settlement was arrived between the Complainant and the Opposite Party for a sum of Rs.10,000/-, out of which he has paid Rs.1500/- on 04.02.2006, a sum of Rs.1500/- on 04.03.2006 and Rs.2000/- on 04.04.2006, but the Opposite Parties refused to receive the balance amount of Rs.5000/- for the best reasons known to them. Further contended that the Opposite Parties had debited a sum of Rs.16,772/- on 05.12.2006, a sum of Rs.500/- for a period of 8 months, a sum of Rs.972/- on 17.02.2014 and again a sum of Rs.18,204/- on 06.03.2014. Inspite of these deductions the Opposite Party further made a demand notice claiming to pay the balance amount of Rs.29,747.78.

      The Opposite Party had admitted that the Complainant had availed credit card from the Opposite Party and that payment of Rs.1500/- and a sum of Rs.1500/- and further sum of Rs.2000/- were paid to the Complainant on 04.02.2006, 04.03.2006 and on 04.04.2006 against the outstanding dues and thereafter the Complainant had not paid the remaining due amount. Further contended that there was no settlement arrived with the Complainant.

       Though the Opposite Parties contend that they had sent reminders letters informing the Complainant about the outstanding dues on various dates but no such documents are produced before this Commission. The Opposite Parties had not even produced Statement of Account for the amounts debited from the Complainant’s salary Account, more so, in the year 2014. When the fact remains that the Complainant had not used Credit Card since 26.06.2004, which is not rebutted by the Opposite Party, after a period of nearly 8 years, the Opposite Parties had sent a notice demanding payment of Rs.29,747.78 from the Complainant after deducting a sum of Rs.18,204/-. The act of the Opposite Parties in debiting the amounts from the Complainant’s salary account at their whims and fancies and debiting a sum of Rs.18,204/- on 06.03.2014 after 8 years, when the Complainant had stopped using the Credit Card on 26.06.2004 amounts to deficiency in service on the part of the Opposite Party. Accordingly Point No. 1 is answered.

Point No.2 and 3:-

Considering the facts and circumstances of the case, and in view of the forgoing discussions, this Commission is of the considered view that the Opposite Party had committed deficiency of service and are liable to pay a sum of Rs.1,00,000/- as compensation for the deficiency in service along with cost of Rs.3000/- to the Complainant. Accordingly Point Nos. 2 and 3 are answered.

In the result the Complaint is allowed in part. The Opposite Parties 1 to 3 are jointly and severally directed to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) towards compensation for the deficiency in service and mental agony caused to the Complainant along with cost of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 28^th  of October 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

Ex.A1	05.07.2004	Copy of Monthly statement
Ex.A2	05.07.2004	Copy of Monthly statement
Ex.A3	06.02.2006	Copy of Monthly statement
Ex.A4	04.03.2006	Copy of Payment receipt
Ex.A5	06.03.2006	Copy of Monthly statement
Ex.A6	06.04.2006	Copy of Monthly statement
Ex.A7	06.07.2006	Copy of Monthly statement
Ex.A8	20.02.2014	Copy of Letter issued by the Opposite Parties
Ex.A9	06.03.2014	Copy of Letter issued by the Opposite Parties
Ex.A10	07.03.2014	Copy of Letter issued by the Opposite Parties
Ex.A11	26.03.2014	Copy of Legal Notice
Ex.A12	-	Copy of A/c cards
Ex.A13	-	Copy of Returned cover
Ex.A14	16.04.2014	Copy of Reply notice issued by the Opposite Parties
Ex.A15	17.04.2014	Copy of Demand notice issued by the Opposite Parties

List of documents filed on the side of the Opposite Parties:-

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT