In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 149 / 2011.
1) Mr. Bipul Chanda,
12A, Netaji Subhas Road, 1st Floor, Kolkata-700001. ---------- Complainant
---Versus---
1) ICICI Bank Ltd., (Credit Card Department),
2B, Sambhunath Pandit Street, Kolkata-700020. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,MEMBER
Smt. Sharmi Basu ,MEMBER
Order No. 1 3 Dated 27/04/2012.
The instant case has been filed by the complainant u/s 12 of the C.P. Act, 1986 with an allegations against the o.p. for deficiency in service, negligence and unfair trade practice.
In a nutshell, the case of the complainant is that he is a credit card holder of the o.p. bank namely ICICI Bank Ltd. and he enjoyed the aforesaid card and paid the dues in time as asked by the o.p. bank. As per the complainant suddenly he started to receive exorbitant bills and when the complainant asked the o.p. to produce statements in details, the o.p. bank instead of producing the same, approached the complainant for settlement. The complainant agreed with the representative of the Bank and then the o.p. bank issued a settlement letter dt.24.8.09 asking the complainant to pay a sum of Rs.10,000/- in full and final settlement and the o.p. would thereafter the credit amount relating to the card in question.
The o.p. also assured that as soon as the entire amount is paid the o.p. would issue ‘No Due Certificate’ to the complainant.
The complainant in compliance with that settlement letter dt.28.4.09 paid Rs.4000/- on 30.4.09, Rs.3000/- on 16.5.09 and Rs.3000 on 25.5.09. But after that the o.p. did not issue ‘No Due Certificate’ after repeated requests of the complainant.
Hence, the complainant has no alternative but to file the instant case before this Forum and the complainant prayed for relief as mentioned in the complaint.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular wherefrom we find that it is admitted fact that the complainant had a credit card of the o.p. vide credit card no.4477460258288002 and a settlement letter was issued on 28.4.09 by the o.p. which was duly signed by the complainant and according to that letter the full and final settlement would be made related to the credit card in question if Rs.10,000/- would be given by the complainant to o.p. It is also crystal clear that complainant had already paid that amount to the o.p. But he did not receive any ‘No Due Certificate”. In this regard we are of the opinion that without giving the ‘No Due Certificate’ to the complainant, after receiving the amount Rs.10,000/- as stated in the settlement letter, the o.p. has committed deficiency in service within the ambit of C.P. Act, 1986 for which complainant to suffer harassment.
Hence, ordered,
The case of the complainant is allowed in part ex parte with cost. The o.p. is directed to issue ‘No Due Certificate’ in favour of the complainant, in relation to the credit card bearing no.4477460258288002.
The o.p. is also directed to pay compensation in the tune of Rs.5000/- (Rupees five thousand) only to the complainant for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only. All the directions should be complied within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
_____Sd-_______ ______Sd-________ ______Sd-________
MEMBER MEMBER PRESIDENT
