Date of Filing:13.04.2009<br /> Date of Order: 21.11.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF NOVEMBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> COMPLAINT NO: 850 OF 2009<br /> <br /> M. Srinivasan<br /> A-106, Aristocrat Apartments<br /> 16/1, 1 Main, East of NGEF<br /> Kasturinagar, Bangalore 560 043 Complainant<br /> V/S<br /> 1. ICICI Bank Ltd.<br /> Head Office, Commissariat Road<br /> (Opp. Mayohall), Bangalore 560 001<br /> <br /> 2. ICICI Bank (Credit Cards)<br /> Mr. Shiva Kumar Tadikonda<br /> Nodal Officer, ICICI Bank Ltd.<br /> C-SERV, Phone Banking<br /> 5th Floor, MD. Illayas Khan Estate<br /> Above Music Work, Road No. 1<br /> Banjara Hills, Hyderabad 500034<br /> <br /> 3. ICICI Bank<br /> Regd. Office, ‘Land Mark’<br /> Race Course Circle<br /> Vadodara 390 007 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The complainant has filed this complaint seeking decree for the opposite parties (1) opposite party be directed to restore contact of landline and also remove the block on usage of his credit card (2) to pay compensation of Rs. 20,00,000/- (3) to pay cost of litigation.<br /> The complainant’s case is as follows:<br /> “I am a credit card holder of ICICI Bank since last 3 or 4 years and using the same regularly and paying also regularly and promptly. The card No. is 4477 4637 9944 1007 based on my usage ICICI Bank offered me loan and the loan A/c No. 9401 2700 8689 3000, the total loan with interest is payable in 24 installments (monthly) and I am paying the same regularly before due date. <br /> I have been regularly paying my dues and my Card Payment history has been very good, that was the reason why the bank has enhanced my credit limit to Rs. 1,38,000/- from Rs. 90,000/- earlier. They had also sanctioned a personal loan of Rs. 3,50,000/- in 24 EMI payment which I am paying regularly and cleared as on date 20 installments.<br /> Last year during Feb-March I was getting calls and threats from the bank for their own mistakes for which I filed a case No. 855/08 dtd. 11.04.2008 before the Hon’ble District Forum (4th Additional) Bangalore Urban and got the judgement in my favour dated 7th June 2008, after no response whatsoever from ICICI Bank which had finally complied with judgement after filing execution petition. <br /> On the 17th day of March 2009 I was in need of money to buy some medicines far ailing my mother in-law a cancer patient and tried to withdraw Rs. 5,000/- from ATM using ICICI credit card 4477 4637 9944 1007 but I got it declined. Then I had big problem at that critical stage and also undergone tension and clueless.<br /> With great difficulty I got in touch with one Mrs. Narmada, supposed to be Manager in customer service who told me that my card is very much alive and their system does not show any block.<br /> From the period I had tried the card several times and always was declined, not only in ATM but also in Merchandise establishment. I was facing insulted when the card was declined. Inspite of my prompt payment record why the card was not accepted.<br /> Again all my talk to ICICI mainly Narmada had the same answer that the card was active as per their system.<br /> On 6th April 2009, I had urgent need of money and believing the words of Manager Narmada, I visited ATM in Indiranagar, Bangalore and operated my ICICI card and again it was declined.<br /> As per the statements of both the accounts of credit card and loan I have a balance of available credit of Rs. 16,113.25 and available cash limit of Rs. 16,113.25 in credit card account and Rs. 2,79,803.21 in loan account.<br /> Inspite the clear information on the above it was perplexing and painful why my card was declined.<br /> When I phoned customer care ICICI Bank Ph.No. 41131877, I got Narmada with great difficulty (my landline still blocked by ICICI) on 6.4.2009 and was told that nothing wrong with the card, the system shows that the card is not blocked and she investigate and revert to me next day.<br /> Next day one Srinivas from ICICI called me and told me that the card is not blocked, there may be some damage to the card. <br /> I said I did not find any damage and is intact. After dilly dollying for long time he said he will come back to me in Ten minutes. After 10 minutes, to my astonishment he phoned and told that the card was blocked by the bank – no reasons but at their own discretion. When I asked on what grounds, and why all these days it was not told to me and why the statement shows available cash limit, the person has no answer. He said these are internal bank rules it can not be explained.<br /> Now, I am very clear that the bank is acting against me and causing embarrassment because my approaching consumer forum earlier and proving that they were wrong. This blocking of card which is in good payment record is not justified and is done solely with the object of taking revenge on me. Even manager Narmada could not justify the reason for blocking when I phoned this morning i.e. 9.4.2009.”<br /> 2. After admitting the complaint notice issued to opposite parties. Opposite parties appeared through counsel and submitted the defence version stating that complaint is misconceived, false and frivolous. Each and every allegations and statements made by the complainant are denied. Complainant had availed loan from opposite party. He had paid only minimum amount due. Therefore, as the amount was outstanding the opposite party had withdrawn the cash credit facility to the complainant. Under credit card opposite parties had extended its money. It had reserved its rights to withdraw the said facility. The complainant is trying to misuse the provisions of law. Opposite parties have not committed any deficiency in service. Hence, the opposite parties have prayed to dismiss the complaint.<br /> 3. Arguments are heard. <br /> 4. The points for consideration are:<br /> Whether the complaint is maintainable?<br /> <br /> 5. The Reserve Bank of India has formulated the Banking Ombudsman Scheme 2006. The scheme is introduced with an object of enabling resolution of complaints relating to certain services rendered by banks and to facilitate the satisfaction or settlement of such complaints. The scheme extends to whole of India. The Banking Ombudsman shall receive and consider complaints relating to the deficiencies in banking for settlement by agreement or conciliation or mediation between the bank concerned and the aggrieved party and an award will be passed under the scheme. Under rule 12 of the said scheme the Banking Ombudsman is entitled to pass award by taking into account the evidence placed before him by parties, the principles of banking law and practice, directions and instructions and guidelines issued by the Reserve Bank of India. Under rule 12 (6) in case of complaints arising out of a credit card operations, the Banking Ombudsman shall, while determining the amount of compensation payable, take into account the loss of the complainant’s time, expenses incurred by the complainant, financial loss, harassment and mental anguish suffered by the complainant. The copy of the order shall be sent to the complainant and the bank. Even under rule 14 any person aggrieved by the award may prefer an appeal before the appellate authority. So in view of the Banking Ombudsman Scheme the complainant should approach Banking Ombudsman with his complaint and this case being a case arising out of credit card operations this matter covers and comes under the jurisdiction of Banking Ombudsman Scheme. When there is efficient and efficacious remedy is provided under the Banking Ombudsman Scheme 2006, the complainant has to avail that remedy for settlement of dispute and grievances. Therefore, the present complaint is not maintainable. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is dismissed. The complainant will be free to approach the Banking Ombudsman for settlement of his dispute. No order as to costs.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 21ST DAY OF NOVEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER<br /> <br />