In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.232/2011.
1) Smt. Paramita Dasgupta,
4A/8, Naktala Road,
P.S. Jadavpur, Kolkata-47. ---------- Complainant
---Versus---
1) ICICI Bank Ltd.,
273, 15th Cross Road, 20th Main,
J.P. Nagar, 5th Phase, Bangalore – 560078.
2) ICICI Bank Ltd.,
45/1, Rafi Ahmed Kidwai Road,
Park Street, P.S. Park Street, Kolkata-16. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 22 Dated 16/12/2013.
The case of the complainant in short is that complainant availed of a credit card being no.5176538211429002 from o.p. bank which was issued around April 2006 and the complainant used the same till May 2009. The complainant made payment regularly against the said credit card as per norms of the bank. In spite of that the complainant did not receive any statement of account from the o.p. bank. The complainant made payment of Rs.64,140/- till 31.12.10 and also paid further payment of Rs.5000/- on June 2011. But o.p. failed and neglected to regularize the opening balance of the complainant and sent a bill for Rs.74,421/- due as on 30.6.09 and Rs.71,652/- due as 30.5.11. The complainant also alleged that o.p. bank has charged exorbitant interest without any rules and norms. O.p. neither has supplied any statement of account nor has given any detail of the said account. Moreover, o.p. sent their recovery agent in the month of June 2011 at the house of the complainant with a demand of forceful payment and took payment of Rs.5000/-. As the complainant made a payment of Rs.65,140/- to o.p. till December 2010 o.p. has no ground to send a bill for Rs.74,421/- and Rs.71,652/-. Therefore complainant prays for supplying the comprehensive statement of account for the credit card account in question, regularize / reduce the opening balance amount by lawful calculation and compensation for deficiency in service.
O.p. nos.1 and 2 filed their w/v and denied all material allegation. They have stated in their w/v that in respect of the aforesaid credit card, as on 18.12.11 a sum of Rs.80,830.07 is due and payable by the complainant to o.p. Moreover, o.ps. have stated that the subject matter of the present dispute is credit card which was issued to the complainant at Bangalore. No transaction has been made from Kolkata office of o.p. bank. So the Forum has no jurisdiction to entertain the instant case. It is also mentioned that the cause of action was in the year 2009, but the instant case has been filed after passing of two years and as such, the case is not maintainable. Therefore, the instant case is liable to be dismissed with cost.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. The moot question arises that whether the instant case is maintainable or not.
It is admitted fact that the complainant is a credit card holder of ICICI Bank. But the ICICI Bank, Bangalore i.e. o.p. no.1 issued the credit card. No cause of action or part thereof has arisen at Kolkata. Complainant has made ICICI Bank, Park Street Branch, Kolkata as o.p. no.2 for territorial jurisdiction only. Therefore, this Forum has no scope to entertain this case for want of territorial jurisdiction. Hence, the case is not maintainable and as such, the complainant is not entitled to get any relief.
Hence, ordered,
That the case is dismissed on contest against the o.ps.
