Order-21.
Date-20/11/2015.
In this complaint Complainant Dilip Bhattacharya by filing this complaint has submitted that complainant opened one Savings Bank Account at ICICI Bank Ltd., Kolkata, Beliaghata Branch having Customer ID No. 530383350 and Savings A/C No. 127701502964 on 05.11.2014 having no lien to any debts or dues to the bank.
But suddenly on 24.01.2015 op illegally debited and withdrawn Rs. 51,198/- from the said Savings Bank Account without any notice or intimation.Though present account is no lien to any debts or dues to the bank in any manner when it is opened to the said branch by the complainant and without having any lien agreement op cannot withhold and debit any amount from the said SB A/c which has individual customer Id and which is completely separate from any other product of op in any manner.Op illegally did so and for which complainant has suffered and the act on the part of the op is illegal for which complainant has prayed for refund of the said amount of Rs. 51,198/- which has been illegally withheld and withdrawn on 24.01.2015 and also prayed for further compensation.
On the other hand op by filing written statement submitted that in the month of November-2000, complainant approached to op for represent and complainant would make duly payment to the dues under the terms and conditions of the credit card facility without any objection, protest or default and that credit card application was submitted by the complainant on 13.11.2000 and also executed the terms and conditions governing credit card facility in Set Off Clause having Credit Card No.4477460047638004 and complainant used the said credit card for making various transactions.But complainant failed and neglected to make payment of complainant’s outstanding in respect of his said credit cards which is a sum of Rs. 51,198/- and monthly statement including demand for payment was sent and as on 11.02.2015 the statement of account of the credit card was sent.But despite several requests and reminders made by the op to the complainant, op did not turn up to show his interest to make payment of outstanding.Accordingly as per terms and conditions of the credit card agreement, op found that complainant has been running a savings bank account being No. 127701502964 at the branch of Beliaghata.So, op by letter dated 14.01.2015 intimated the complainant regarding lien being marked in his savings bank account and for which unpaid amount against the credit card was adjusted from the savings bank account and that amount is Rs. 51,198/- and said act is not at all illegal but as per terms and conditions of the credit card agreement op did it.
But peculiar factor is that complainant is silent about uncleared credit card of ICICI Bank (Op) and all other allegations as made by the complainant are false and only to avoid the payment of outstanding dues of the credit card but when the op adopted the legal procedure and deducted from his savings bank account, by false assertion, this complaint is filed which is vexatious and for which the complaint should be dismissed with cost.
Decision with reasons
On critical appreciation of the argument as advanced by the Ld. Lawyers of both the parties and also relying upon the documents, it is proved beyond any manner of doubt that complainant initially opened a credit card for enjoying credit card facilities and executed credit card facilities agreement and the number of the said credit card is 447760047638004 and that was opened in the month of November 2000 and thereafter complainant used the said credit card for several transactions but that has not been expressed by the complainant in his complaint which is no doubt unfair act on the part of the complainant.
Undisputed fact is that complainant also opened a savings bank account being No. 127701502964 and in that account there was certain amount up to January 2015, complainant was asked to repay the outstanding dues of the credit card because complainant enjoyed and used the credit card for different transaction and monthly statement was given and payment notice was also sent to complainant but complainant did not turn up and did not pay the same for which as per terms and conditions of the credit card agreement, op deducted that outstanding amount of Rs.51,198/- from his savings bank account and credited credit card account and thus balance is shown zero.
Now question is whether this act is illegal or not.But in this regard after considering the materials and terms and conditions of the credit cards agreement, we find that op bank has his legal authority to take any amount from any account of any branch of the ops’ bank and no doubt in the present case, the present savings bank account with the ops bank is in another bank.So, as per credit card agreement, ops has his legal right to deduct that amount from any another account of the present bank.
Undisputed fact is that complainant has his savings bank account and in that account there was certain amount which was more than Rs. 52,000/-.Truth is that the outstanding dues is Rs. 51,198/- against credit card account and complainant has not paid it up January-2015 when demand notice was sent and complainant did not pay any heed to that.So, op applied the terms and conditions of the credit card facility agreement and deducted it and such a deduction is not illegal, uncalled for as per terms and conditions of the credit card agreement.So, we find that no illegality was done by the op and regarding allegation against ops’ musclemen assaulted him is not at all proved and no such allegation was investigated by the policy in this regard, no name was noted. On the other hand op denied it.So, about that we are unable to confirm that complainant was assaulted by the musclemen of the op.But giving anxious thought regarding the conduct of the complainant we find that complainant has appeared before this Forum with black hands and suppressed the materials that he failed to pay Rs. 51,198/- against credit card, though he used that credit card and paid that amount against different transaction and he did not pay any heed to that or paid that dues.So, the act on the part of the complainant is no doubt uncalled for and no doubt for vexatious claim, this complaint is filed and at the same time it is found that by practicing unfair path, complainant tried to get a relief which is no doubt expected from the consumer like the complainant and no doubt complainant has harassed the op without any fault of the op.Negligence or deficiency or any sort of illegal act on the part of the op is not at all proved, rather false claim of the complainant is well proved for which this complaint fails along with penal cost.
Hence, it is
Ordered,
That the complaint be and the same is dismissed on contest against the ops with penal cost of Rs. 10,000/- and complainant shall have to pay that penal cost of Rs. 10,000/- to this Forum within one month from the date of this order, failing which 9 percent interest p.a. over the same will be assessed till full payment of the same by the complainant and if complainant fails to comply this order, in that case penal proceeding shall be started against the complainant for which further penalty and fine shall be imposed upon the complainant.
