Tamil Nadu

South Chennai

215/2008

T.Tharun - Complainant(s)

Versus

ICICI Bank Ltd and another - Opp.Party(s)

M/s Arun Kumar

09 Jul 2018

ORDER

                                                                        Date of Filing  : 19.05.2008

                                                                          Date of Order : 09.07.2018

 

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.215 /2008

DATED THIS MONDAY THE 09^TH DAY OF JULY 2018

                                 

Mr. T. Tharun,

S/o. Mr. Thiagarajan,

Plot No.2996, 5^th Street,

Z Block 13^th Main Road,

Anna Nagar,

Chennai – 600 040.                                                  .. Complainant.                                                      ..Versus..

 

1. The Manager,

ICICI Bank Ltd.,

(Credit Card Division),

New No.683, Anna Salai,

Chennai – 600 006.

 

2.  The Manager,

ICICI Bank Ltd.,

A-78, Plot No.3211,

3^rd Avenue,

Anna Nagar,

Chennai – 600 102.                                              ..  Opposite parties.

          

Counsel for complainant           :  M/s. M. Arun Kumar & another

Counsel for opposite parties    :  M/s. K. Kumaran

 

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 praying to pay a sum of Rs.5,00,000/- towards compensation for mental agony and monetary loss with cost of the complaint.

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

The complainant submits that he is a current account holder in ICICI bank, the 2^nd opposite party since 2005.  The complainant availed credit card facility to the limit of Rs.58,500/- vide No.4477473728170008.  The complainant states that the opposite parties charged abnormal interest and other penal charges and put the complainant in different tortures.  The complainant made settlement talk with the officials of the 1^st opposite party one Mr. Loganathan, who insisted the complainant to pay a sum of Rs.1,500/- along with another Rs.1,000/- by way of cash in order to keep his card alive.  The complainant paid a sum of Rs.1,000/- on 25.01.2008 and obtained receipt also.    The complainant also waiting for the settlement.   But to his shock and surprise, the complainant’s current a/c No.602705031189 with the 2^nd opposite party was freezed on 14.03.2008 without any reason which the complainant came to his knowledge while attending to withdraw amount through ATM on 14.03.2008 at Anna Nagar by 06.25 a.m. and 15.03.2008 at 6.45 a.m. and again at 10.45 a.m. respectively.   When the complainant is having balance of Rs.94,375.33, his ledger balance showed only 17131.50 on 15.03.2008.   The complainant received 2 notices from the 1^st opposite party that for his credit card No. 4477473728170008 for which, settlement was already arrived at Lok Adalat. 

2.     Further the complainant submits that the notice with regard to the credit card No. 4477473728170008, it was mentioned that the complainant has to pay a sum of Rs.1,11,506.83 dated:14.03.2008.  The opposite parties also illegally frozen the complainant’s a/c on the same day i.e.14.03.2008.  The complainant made a settlement talk with Mr. Loganathan and paid Rs.1,000/- on the day itself for keeping alive the account.   In the notice dated:14.03.2008, the 1^st opposite party stated that “we would like to state that since 05.01.2008 our bank officials were constantly following up with you for clearing the outstanding due however you have not responded and cleared the outstanding due”.  The monthly statement of a/c dated:28.02.2008 shows an outstanding amount of Rs.1,11,506.83 whereas the complainant has paid Rs.1,500/- and another Rs.1,000/- for keeping his card alive in the month of January.  Further the complainant  submits that the reply dated:17.04.2008 was sent to the 1^st opposite party claiming compensation of Rs.5,00,000/- for the huge loss incurred by the complainant in his business  on the illegal freezing of the current a/c for more than 10 days.  Further the complainant submits that there was an unauthorized debit in his account for an amount of Rs.8,000/- on 25.3.2008, Rs.2,000/- on  26.3.2008 for which, when the complainant asked the 2^nd opposite party there was no proper response.  Further the complainant submits that due to the frozen of the current account and closure of credit card caused great inconvenience.   Since the complainant was not able to operate his account and his ECS for Rs.3,700/- in favour of Kotak Mahindra on 15.03.2008 for the car due and two other cheques given in favour of SBI card and ABN AMRO Bank was also returned.  Thereby, the harassment of the opposite parties continuously persists.  The act of the opposite parties caused great mental agony.  Hence the complaint is filed.

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

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that the complainant was irregular in making the payment and the complainant had extensively used credit cards for the various purchases made and was liable to make a payment of Rs.1,11,506.83.    Despite repeated requests and demands made by the opposite parties, the complainant had failed to make the payment.   Further the opposite parties state that as per the credit card agreement entered into between the complainant and the opposite parties, there was specific clause which enables the opposite parties to debit the account of the credit card holder without any notice.  The said clause reads as follows:

“Without notice combine or consolidate the standing balance on the card account with any other account(s) which the card member maintains with ICICI Bank Limited and its group companies and set off or transfer money standing to the credit of such other account(s) in or towards the satisfaction of the card member’s liability to ICICI Bank Limited under his/her card account”.    Further the opposite parties state that there is specific clause which enables them take lien of the savings bank account bearing SB Account No.602705031189, the opposite parties have marked a general lien on the aforesaid account of the complainant and had freezed the account of the complainant.  Therefore, there is no deficiency in service on the part of the opposite parties.   Hence the complaint is liable to be dismissed.

4.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Inspite of sufficient time granted i.e. for more than one year, the opposite parties has not come forward to file his proof affidavit and documents to substantiate the contentions raised in the written version.   Hence evidence on the side of the opposite parties is closed on 17.12.2009.

5.     The point for consideration is:

Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for monetary loss mental agony with cost as prayed for?

6.     On point:-

Both parties filed their respective written arguments.  The opposite parties has not come forward to file proof affidavit and documents to substantiate the contentions raised in the written version in this summary proceedings case.  The complainant pleaded and contented that he is a current account holder in ICICI bank, the 2^nd opposite party since 2005 is not denied. The complainant availed credit card facility to the limit of Rs.58,500/- vide No.4477473728170008.  The contention of the complainant is that the opposite parties charged abnormal interest and other penal charges and put the complainant in different tortures.  The complainant made settlement talk with the officials of the 1^st opposite party one Mr. Loganathan who insisted the complainant to pay a sum of Rs.1,500/- along with another Rs.1,000/- by way of cash in order to keep his card alive.  The complainant paid a sum of Rs.1,000/- on 25.01.2008 and obtained receipt as per Ex.A1 also.  It is reflected from the statement of accounts.  The complainant also waiting for the settlement.  But to his shock and surprise, the complainant’s current a/c No.602705031189 with the 2^nd opposite party was freezed on 14.03.2008 without any reason which the complainant  came to his knowledge while attending to withdraw amount through ATM on 14.03.2008 as per Ex.A2 at Anna Nagar by 06.25 a.m. and 15.03.2008 vide Ex.A4 at 6.45 a.m. and again at 10.45 a.m. respectively.   When the complainant is having balance of Rs.94,375.33, his ledger balance  showed only 17131.50 on 15.03.2008.   The complainant received 2 notices from the 1^st opposite party that for his credit card No. 4477473728170008 for which, settlement was already arrived at Lok Adalat.    

7.     Further the complainant contended that the notice with regard to the credit card No. 4477473728170008,  it was mentioned that the complainant has to pay a sum of Rs.1,11,506.83 as per Ex.A3 dated:14.03.2008.  The opposite party also illegally frozen the complainant’s a/c on the same day i.e.14.03.2008.  The complainant made a settlement talk with Mr. Loganathan and paid Rs.1,000/- on the day itself for keeping alive the account.   In the notice dated:14.03.2008, the 1^st opposite party stated that “we would like to state that since 05.01.2008 our bank officials were constantly following up with you for clearing the outstanding due however you have not responded and cleared the outstanding due”.  The monthly statement of a/c dated:28.02.2008 shows an outstanding amount of Rs.1,11,506.83 whereas the complainant has paid Rs.1,500/- and another Rs.1,000/- for keeping his card alive in the month of January.  Further the complainant contended that the reply dated:17.04.2008 was sent to the 1^st opposite party as per Ex.A6 claiming compensation of Rs.5,00,000/- for the huge loss incurred by the complainant in his business  on the illegal freezing of the current a/c for more than 10 days.  Further the contention of the complainant is that there was an unauthorized debit in his account for an amount of Rs.8,000/- on 25.3.2008, Rs.2,000/- on  26.3.2008 for which, no proper response from the 2^nd opposite party as per Ex.A8.  Further the contention of the complainant is that due to the frozen of the current account and closure of credit card caused great inconvenience.  Since the complainant was not able to operate his account his ECS for Rs.3,700/- in favour of Kotak Mahindra on 15.03.2008 for the car loan due and two other cheques issued in favour of SBI card and ABN AMRO Bank were returned dishonoured.   Thereby, the harassment of the opposite parties continuously persists.  The complainant is claiming a sum of Rs.5,00,000/- towards compensation for mental agony and  business loss with cost.

8.     The opposite parties without filing any proof affidavit to prove the contentions raised in the written version, filed written arguments.   The opposite party has not filed any document to prove the contentions raised in the written version also.  The statement of a/c shows the balance due on the part of the complainant is Rs.1,11,506.83  but admittedly, the complainant is entitled the credit card facility upto the maximum of Rs.58500/- establishes that the alleged outstanding is imaginary because double the eligible amount cannot be sanctioned.  It is also seen from the records that on 14.3.2008, without any prior intimation the account of the complainant was freezed resulting several hardship like stale of ECS transaction vide Ex.A9 and other cheque payments.  Equally, after payment of Rs.1,000/- and Rs.1,500/- by the complainant on 03.01.2008 & 25.01.2008 respectively, the opposite parties has not helped the complainant for proper settlement.   It is also seen from the records that the opposite parties had frozen the current account for 10 days proves the deficiency in service. Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.10,000/- (Rupees ten thousand  only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 09^th day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	29.01.2008	Copy of bill statement from the 1st opposite party
Ex.A2	14.03.2008	Copy of Statement of ATM
Ex.A3	14.03.2008	Copy of notice of the 1st opposite party
Ex.A4	15.03.2008	Copy of statement of ATM
Ex.A5	24.03.2008	Copy of ABN AMRO Bank notice
Ex.A6	17.04.2008	Copy of reply notice of the complainant
Ex.A7	19.04.2008	Copy of acknowledgement
Ex.A8		Copy of statement of accounts for March from the 2nd opposite party
Ex.A9	06.05.2008	Copy of explanation note of the complainant

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  Proof Affidavit not filed.

 

MEMBER –I                                                                      PRESIDENT