Complainant in person
Advocate A.S.Bhanage for the Opponent
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date – 5th December 2013
This complaint is filed by consumer against the Bank authorities for deficiency in service u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is using ICICI Bank credit card. On 16/5/2009 he had decided to return the credit card to the Bank after making full and final payment which was settled between the parties as Rs.12,000/- The father of the complainant had returned the credit card and deposited Rs.12,000/- in Nagpur branch of the ICICI Bank. However, after making full and final settlement, complainant is receiving bill as regards payment of interest on due amount. The father of the complainant as well as complainant has made several efforts for convincing the opponent. But the Opponents had issued notice dated 9/12/2010 for payment of Rs.23,845/-. He had replied the notice by sending e-mail. Thereafter the ICICI Bank track his salary account and deducted Rs.22,852/- and shown Rs.992.59 on debit side without permission of the complainant. That amounts to deficiency in service. Hence complainant has filed this complaint and prayed for compensation @ 20 times of amount deducted by the Opponents alongwith interest @ 18% p.a. and costs of Rs.500/-
[2] Opponents resisted the claim by filing written version in which it has denied the contents of complaint in toto. It is specifically denied by the Opponents that complainant approached the Opponents for full and final settlement on 16/5/2009 and his father had deposited the said amount and the account of credit card was closed. It is further contended by the Opponents that so-called full and final settlement document which is produced by the complainant is not at all genuine. It does not bear the signature of authorized signatory and Opponents have rightly deducted the due amount from his salary account as the Opponents have right of lien on salary account. Opponents have prayed for dismissal of the complaint.
[3] After scrutinizing the documentary evidence which is adduced by both parties, considering the pleadings and affidavits as well as hearing the argument of both sides, following points arise for my determination. The points, findings and reasons thereon are as follows-
Sr.No. | POINTS | FINDINGS |
1 | Whether complicated, legal and factual questions are arising from the present dispute ? | In the affirmative |
2 | What order ? | Complaint is dismissed |
Reasons-
As to the Point Nos. 1 and 2-
[4] In the present proceeding the admitted facts are that the complainant had obtained credit card from the Opponents and he has salary account in the branch of the Opponent. It is the case of the complainant that the account of credit card was settled fully and finally and his father has deposited Rs.12,000/- with the Opponent and closed the account of credit card. Still the Opponents had deducted amount of Rs.22,852/- from his salary account and that amounts to deficiency in service. Per contra, the Opponents have pointed out that the so-called settlement deed which is produced by the complainant is not genuine, it is manipulated and forged document. The original settlement deed is not placed before the Forum The Opponents have placed on record the another settlement deed with respect to another client. According to the Opponents, the said settlement deed is prepared by using the false document. It is not prepared on the letter head of the Opponent bank. The investigation as regards the genuineness of the settlement deed is necessary. As this dispute involves complicated, legal and factual aspects and requires investigation to prove the genuineness of the document, this Forum cannot adjudicate the dispute between the parties. Hence, we answer the points accordingly and pass the following order-
:- ORDER :-
1. Complaint is dismissed.
2. No order as to costs.
3. Complainant is at liberty to approach proper Forum for adjudicating the dispute between himself and the Opponents.
4. Both parties are directed to collect the sets which are provided for the Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place – Pune
Date – 05/12/2013
