Tamil Nadu

South Chennai

392/2009

S.M.Sundarapandian - Complainant(s)

Versus

ICICI Bank Executive - Opp.Party(s)

A.P.Balasubramaniam

15 Feb 2018

ORDER

                                                                        Date of Filing  : 29.04.2009

                                                                          Date of Order : 07.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.392 /2009

DATED THIS MONDAY THE 07^TH DAY OF MAY 2018

                                 

S.M. Sundarapandian,

Eagle Comprehensive Consultancy Service,

No.12/12 G, Eldams Road,

Opposite C.P. Art Centre,

Alwarpet,

Chennai – 600 018.                                                .. Complainant.                                               ..Versus..

1. ICICI Bank Executive,

(Credit Cards East Wing),

ICICI Bank Ltd.,

ICICI Towers II floor,

Plot No.24, South Phase,

Ambattur Industrial Estate,

Ambattur,

Chennai – 600 058.

 

2.  Shilpa Ganapa,

Customer Service Executive,  

ICICI Bank Limited,

C-Serve Phone Banking Centre,

5^th Floor, Mohd. Illyas Khan Estate,

Road No.1, Banjara Hills,

Hyderabad – 500 034.

 

3. The Chairman,

ICICI Bank Limited,

Regd. Office, Landmark

Race Course Circle,  

Vadodara – 390 007.

 

4. ICICI Bank Ltd.,

Kotturpuram Branch,

No.46, Gandhi Mandapam Road,

Chennai – 600 085.                                        ..  Opposite parties.

 

Counsel for complainant         :  M/s. A.P. Balasubramani  &

                                                    another

Counsel for Opposite parties  :  M/s. Dev, Sai & Shaffiq  

                                                    Associates

 

ORDER

THIRU. M. MONY, PRESIDENT

        This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.4,50,000/- towards compensation for loss of business, loss of reputation, damages, deficiency in service, mental agony and to pay the cost of Rs.5,000/-.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he is doing business in the name of Eagle Comprehensive Consultancy Service. The Kotturpuram Branch, ICICI representatives came and canvassed the complainant and promised the best service to accept the membership for the Credit Card.  After signing the application form and agreement, the credit card account has been created by the opposite parties in the year 2007 with cash withdrawal of Rs.7,500/-, cash credit limit up to Rs.25,000/-.  The complainant used the credit card for his consultancy service and personal needs and payments were made regularly as per the statement.   During the month of February and March 2008, there was excess billing for the credit card which the complainant did not use.  Hence the complainant complained the same to the representatives for due revision.  

2.     The opposite parties without taking any action to change or revise the statement, stopped the telephone bill without any notice and informed the complainant that the account was freezed.  Thereafter from April 2008, the complainant did not use the credit card.  But the opposite parties claimed Rs.33,999/- for the month April 2008.  Thereafter on 18.06.2008, the complainant issued a cheque for Rs.34,000/- and settled the dues and requested to cancel the credit card letter dated:30.08.2008. Thereafter the opposite parties informed the complainant that the landline telephone bill was paid by the bank without complainant’s instruction.  Hence the complainant issued 2 cheques on 05.09.2008 for Rs.456/-and Rs.496/- towards the telephone bill. But the opposite parties issued statement dated:30.07.2008 claiming Rs.12,968.20/- for purchase and other charges. 

3.     The complainant submits that from April 2008 after freezing the card account and cancelling the credit card, the complainant has not purchased any article. The opposite parties sent another statement dated:29.08.2008 claiming a sum Rs.15,206.41/- as a balance.  Since after settling the amount claiming cancellation of credit card, unilaterally transacting the credit card by paying telephone bills, claiming service charges etc amounts to deficiency in service.  Further the complainant submits that, he received another statement to pay a sum Rs.16,778.41 by letter dated: 01.10.2008 & 31.10.2008  and one Venkataraman contacted the complainant and threatened with filthy language caused loss of reputation.  Hence the complainant  issued second legal notice dated:25.11.2008, requested to cancel the credit card and close the false statement of account.  But the opposite party on 29.01.2009, sent statement of account to pay Rs.20,927/- and threatened the complainant that his credit card balance will be intimated to all the banks.   Hence this complaint is filed before this Forum.

  4.   The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same. The opposite parties state that the complainant suppressed several material facts and filed this case.   Admittedly after complying all formalities, the complainant was issued the credit card of the opposite parties on 14.9.2007 No.4477 4744 3422 7008. It is also admitted that the complainant after availing the facilities in the said credit card used the same for purchases/ cash withdrawal at various places.  It is true that the complainant paid a sum of Rs.34,000/- as against the statement dated: 28.05.2008.   The complainant had totally suppressed the facts of some transaction are converted into EMIs that will be shown in the subsequent months. 

5.     Further the opposite parties stated that a sum of Rs.24,958.25/- was due on 19.02.2008, Rs.11,080.81 was due on 23.03.2008 and Rs.6995.80/- was due on 20.4.2008.  Hence the opposite parties has given credit to his account and converted the amount into EMIs.  During the month of May 2008, the outstanding dues have crossed the credit card limit and the account was freezed.  The credit card account cannot be operated beyond the card limit.  Immediately after paying Rs.34000/- in the subsequent months, telephone bills were paid for cancelling the credit card.   The opposite parties state that the complainant ought to have cleared the entire outstanding and requested the bank either in writing or through phone for due cancellation.   The complainant has not produced any SR No. related to such request for cancellation.   The complainant is liable to pay a sum of Rs.22523.19/- as on 19.01.2011.   Hence there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

6.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A19 are marked.  Proof affidavit of the opposite parties filed and documents from Ex.B1 to Ex.B3 are filed and marked on the side of the opposite parties.

7.     The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.4,50,000/- towards compensation for loss of business, loss of reputation , deficiency in service, mental agony as prayed for with cost of Rs.5000/-?

8.     On point

Both parties filed their respective written arguments.  Heard the opposite parties’ Counsel also.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that he is doing business in the name and style of Eagle Comprehensive Consultancy Service.   The Kotturpuram Branch, ICICI representatives came and canvassed the complainant and promised the best service and enticed to accept the membership for the Credit Card.  After signing the application form and agreement, the credit card account has been created by the opposite parties in the year 2007 with cash withdrawal of Rs.7,500/-, cash credit limit up to Rs.25,000/- as per Ex.A1.  The complainant used the credit card for his consultancy service and personal needs and payments were made regularly as per the statement.   During the month of February and March 2008, there was excess billing as per Ex.A2 for the credit card which the complainant did not use.  Hence the complainant complained the same to the representatives for due revision.   The opposite parties without taking any action to change or revise the statement, stopped the telephone bill without any notice and informed the complainant that the account was freezed.  

9.     Thereafter from April 2008, the complainant did not use the credit card.  But the opposite parties claimed Rs.33,999/- as per Ex.A4 for the month April 2008.  Thereafter on 18.06.2008, the complainant issued a cheque for Rs.34,000/- and settled the dues as per Ex.A6 and requested to cancel the credit card as per Ex.A8, letter dated:30.08.2008. Thereafter the opposite party informed the complainant that the landline telephone bill was paid by the bank without complainant’s instruction.  Hence the complainant issued 2 cheques on 05.09.2008 for Rs.456/-and Rs.496/- towards the telephone bill, Ex.A9. But the opposite parties issued statement dated:30.07.2008 claiming Rs.12,968.20/- for purchase and other charges.  The complainant pleaded and contended that from April 2008 after freezing the card account and cancelling the credit card, the complainant has not purchased any article as per Ex.A7. The opposite parties sent another statement dated:29.08.2008 claiming a sum Rs.15,206.41/- as a balance as per Ex.A9, proves deficiency in service.  Since after settling the amount, claiming cancellation of credit card, unilaterally transacting the credit card by paying telephone bills, claiming service charges etc amounts to deficiency in service.   

10.   Further the complainant contended that, he received another statement to pay a sum Rs.16,778.41 by letter dated: 01.10.2008 & 31.10.2008  and one Venkataraman contacted the complainant and threatened in such manner resulting loss of reputation.  Hence the complainant was constrained to issue second legal notice dated:25.11.2008 requested to cancel the credit card and close the false statement of account.  But the opposite party on 29.01.2009, sent statement of account to pay Rs.20,927/- vide Ex.A15 and threatened the complainant that his credit card balance will be intimated to all the banks.  But on a careful perusal of records Ex.A7, after paying a sum of Rs.34,000/- there was a balance of Rs.169/- and the complainant has to pay a sum of Rs.12968.18 towards purchase and other charges proves there are balance in dues. 

11.   The learned Counsel of the opposite parties contended that the complaint suppressed several material facts and filed this case.   Admittedly after complying all formalities, the complainant was issued the credit card of the opposite parties on 14.9.2007 No.4477 4744 3422 7008.   It is also admitted that the complainant after availing the facilities in the said credit card used the same for purchases/ cash withdrawal at various places.  It is true that the complainant paid a sum of Rs.34,000/- as against the statement dated: 28.05.2008.   The complainant had totally suppressed the facts of some transaction are converted into EMIs that will be shown in the subsequent months.  Further the opposite parties contended that a sum of Rs.24,958.25/- was due  on 19.02.2008, Rs.11,080.81 was due on 23.03.2008 and Rs.6995.80/- was due on 20.4.2008.  Hence the opposite parties has given credit to his account and converted the amount into EMIs.  During the month of May 2008, the outstanding dues have crossed the credit card limit and the account was freezed.  The credit card account cannot be operated beyond the card limit.

 12.    Immediately after paying Rs.34000/- in the subsequent months, telephone bills were paid for cancelling the credit card.   The complainant ought to have cleared the entire outstanding and requested the bank either in writing or through phone for due cancellation.   The complainant has not produced any letter related to such request for cancellation.   Now, the complainant is liable to pay a sum of Rs.22523.19/- as on 19.01.2011.  The law is well settled that “A defaulter shall not be entitled any relief under the Consumer Protection Act, 1986”.  Considering the facts and circumstances of the case this Forum is of the considered view that, the complainant has not proved any deficiency in service of the opposite parties.  Hence the complaint has to be dismissed. 

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 07^th  day of May 2018. 

 

MEMBER –I                                                              PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	15.09.2007	Copy of Credit Card Membership letter intimation received by the complainant
Ex.A2	March & April 2008	Copy of excess bills sent by the bank to the complainant for February and March 2008
Ex.A3	April & May 2008	Copy  of excess bills- due statements sent by the bank to the complainant for April and May 2008
Ex.A4	06.06.2008	Copy of opposite party letter demanding the bills payment without any action for grievance of the complainant and payment date and cheque No. detail for Full settlement
Ex.A5	27.06.2008	Copy of opposite party letter wrongly sent to the complainant for the cheque return of some other card Account
Ex.A6	28.06.2008	Copy of credit card statement – Acknowledgement of full settlement amount of Rs.34,000/- sent by the opposite party bank  to the complainant
Ex.A7	30.07.2008	Copy of June – July wrong due card statement for the unused credit card by the bank to the complainant
Ex.A8	30.08.2008	Copy of the complainant’s letter to the bank in writing to cancel the Credit card and complaint for the deficiency in service of the bank
Ex.A9	29.08.2008	Acknowledgement for the receipt of cheques for the phone bills payment, paid by the bank without instruction of the complainant card further wrong bill statement for August 2008
Ex.A10	01.09.2008	Copy of the opposite party’s letter demanding payment for wrong bills and threat to the complainant to spoil the reputation in the business
Ex.A11	09.09.2008	Copy of the first legal notice sent by the complainant counsel to the opposite parties
Ex.A12	01.10.2008	Copy of the opposite party’s threatening letter to the complainant and further bills for September and October 2008 for the unused Credit Card
Ex.A13	31.10.2008	Copy of the 2nd opposite party’s letter to the complainant to contact the bank Official for the payment after the receipt of legal notice.
Ex.A14	25.11.2008	Copy of second legal notice copy sent by the complainant’s Counsel to the opposite parties for the cancellation of the credit card and wrong bill statements
Ex.A15	02.12.2008	Copy of acknowledgement card for the receipt of the second notice by the opposite party and wrong bill statement for December 2008 and January 2009.
Ex.A16	10.02.2009	Copy of final rejoinder notice copy sent by the Complainant’s  Counsel to the opposite party
Ex.A17	26.02.2009	Copy of reply notice copy sent by the opposite party’s Counsel to the complainant with false allegations and threat to file Criminal and Civil cases for the non-payment of the unused Credit Card.
Ex.A18	12.04.2012	Copy of Summon from City Civil Court XIV Asst. and plaint
Ex.A19	25.09.2012	Copy of written statement filed by the defendant

 

OPPOSITE  PARTIES SIDE DOCUMENTS: 

Ex.B1	30.12.2008	Copy of reply legal notice of the opposite parties to the complainant
Ex.B2	26.02.2009	Copy of reply legal notice of the opposite parties to the complainant
Ex.B3	19.01.2011	Statement

 

 

MEMBER –I                                                              PRESIDENT