Tamil Nadu

South Chennai

506/2008

V.Periyasamy - Complainant(s)

Versus

ICICI Bank Ltd.,& other - Opp.Party(s)

S.R.Rajagopal

10 Jul 2017

ORDER

                                                                        Date of Filing :   25.11.2006

                                                                        Date of Order :   10.07.2017

DISTRICT CONSUMER DISPUTE 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

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO. 506/2008

MONDAY THIS  10^TH   DAY OF JULY 2017

Mr. V. Periyasamy,

Old No.16, New No.14,

Sidha Avenue,

Sesha Nagar,

Poonamalle,

Chennai 600 056.                                              .. Complainant

                                        ..Vs..

 

1.  The ICICI Bank Limited,

Rep. by it Chairman,

Land Mark,

Race Course Circle,

Vadodara 390 009, India.

 

2. The Nodal Officer,

ICICI Bank Limited,

C-Serv, Phone Banking,

5^th Floor, Md. ILLAYAS Khan Estate,

Above Music World Road,

No.1, Banajara Hills,

Hyderabad 500 034.

 

3. The ICICI Bank Limited,

Credit Card Division,

Rep. by its Managing Director,

ICICI Towers, Ground Floor,

Santhome High Road,

Chennai – 600 028.

 

4. The ICICI Lombard General Insurance

Company Ltd.,

Rep. by its Managing Director,

Zenith House,

Keshavrao Khadye Marg,

Mahalaxmi, Mumbai 400 034.                          ..  Opposite parties.

Counsel for Complainant               :    M/s. S.R. Rajagopal & others    

Counsel for opposite parties 1 to 3 :    M/s. Dev. Sai & Shaffiq Associates  

Counsel for opposite party -4         :    M/s. Elveera Ravindran & another   

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 seeking direction to reverse all the entries found in the credit card statement dated 9.8.2008 and also to pay a sum of Rs.10,099/-debited from the savings bank account  No.027501000110  and also  to pay a sum of Rs.25,000/- as compensation towards mental agony and to pay cost of the complaint.

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

         The complainants submit that  he is having a savings bank account with the 1^st opposite party  under account No.027501000110 and the complainant was also provided with a ICICI bank Credit card No.5176530014856002 with a credit limit of Rs.52,000/- which comprised of a cash withdrawal limit of Rs.20,800/-.  The complainant had received a credit card statement dated 9.5.2006 with an entry “EMI Principal” Rs.217.38.  When the complainant contacted the customer service of the 3^rd opposite party he was informed that the same way towards insurance premium “Accident Death Cover” operated by the 4^th opposite part.  The complainant had not subscribed to any insurance policy, and the opposite parties have fraudulently debited amounts with ulterior motive.

2.     Further the complainant state that subsequently when he contacted the representative of the 3^rd and 4^th opposite party they have regretted for the same and had stated that the same would be rectified in due course and had advised the complainant to make payment only for the actual amount spent on the card.  Accordingly, the complainant paid a sum of Rs.43,794/-.    Again the complainant also had received a two credit card statements dated 9.6.2008, 8.7.2008  with an entry “EMI Principal” Rs.219.60/- & 221.84/- and EMI interest and the same was informed to the 4^th opposite party  and the 4^th opposite party cancelling the Accidental Death Cover dated 29.6.2006.    The complainant further states that he was once again taken aback by the credit card statement dated 9.8.2008 wherein amounts from his savings bank account to the tune of Rs.10,099/- have been debited towards the amounts  alleged to be due under the credit card without any information from the complainant, in an unauthorized and arbitrary manner.     Accordingly the complainant sent a legal notice calling upon the opposite party to make payment of Rs.25,000/- as compensation towards mental agony.  As  such the act of the opposite parties amounts to gross deficiency in service and thereby caused deficiency in service and mental agony to the complainant.  Hence the complaint is filed.

3. The brief averments in the Written Version of  the 1^st , 2^nd and 3^rd   opposite parties   are as follows:

        The opposite parties state that the opposite party denies all the allegations contained in the complaint except those which are specifically admitted herein and this opposite party puts the complainant to strict proof of each and every allegation.    The opposite parties submit that if the card member / complainant fails and neglect to pay the amount within the due date, he is liable to pay interest on that amount and other applicable charges with penalties which are contractual and binding that they are governed by the terms and conditions governing regulating the usages of credit card which is informed and sent to the card member / complainant with the welcome package at the time of issuing the credit card.      It is further submitted that under instructions received from the complainant the first, second and third opposite parties bank had debited a sum of Rs.217.39p towards the “EMI Principal” and the premium for the “Accident Death Cover Policy” opted by the complainant with the fourth opposite party.   After three months the complainant said to have requested the 4^th opposite party to cancel the insurance policy and accordingly the said policy was cancelled w.e.f. 27.6.2006.   

4.     The opposite parties further submit that as a matter of fact the complainant had kept an outstanding of Rs.17,726.09p as on 28.7.2008.  The bank had lawfully debited a sum of Rs.10,099/- on 8.8.2008 to the above said credit card from the savings bank account of the complainant since he was chronic defaulter.   After adjusting the debited amount the complainant is due and payable a sum of Rs.7,627.09 p. as on 8.8.2008 to the bank.    On receipt of the legal notice 18.9.2008 the bank had sent a communication dated 4.10.2008 addressed to the complainant, wherein it was clearly informed to the complainant that the issue raised would be looked into in due course of time.    After due processes of verification and service gesture the debited sum of Rs.10,099/- towards the credit card No.5176 5300 1485 6002 has been credited into the complainant’s SB account on 22.4.2009 and the total outstanding amount of Rs.27,103/- has been reversed on 7.5.2009.   Immediately as a regular procedure a communication dated 8.5.2009 was addressed to the complainant, wherein the updating of the account was informed.   As there is no deficiency in service on the part of the opposite parties and therefore this complaint is liable to be dismissed.

5.  The brief averments in the Written Version of  the 4^th   opposite party   are as follows:

       This opposite party denies all the allegations made in the complaint and the complainant is put to strict proof of the same.    The opposite party submit that  he had not subscribed to any insurance policy and that the opposite parties have fraudulently debited the amounts with ulterior motive.   This opposite party submit that only on the acceptance made by the complainant, this opposite party issued a policy of insurance bearing No.4005/0002932/1179216.  The opposite party is not aware of the allegation made by the complainant that he paid a sum of rs.43,794/-.  The opposite party state that vide their letter dated 29.6.2006 this opposite party clearly intimated to the complainant that on the basis of the information given by the complainant and his policy had been cancelled w.e.f. 27.6.2006.   On receipt of the request for cancellation made by the complainant the opposite party had cancelled the policy and refund the premium amount of Rs.2,760/-.  The opposite party is not aware of the allegation made by the complainant that an amount of Rs.10,099/- has been debited from his savings bank account towards his dues under the credit card without his consent.  On the intimation for cancellation received by the opposite party from the complainant on 27.6.2006 the opposite party immediately cancelled the policy on 27.6.2006 itself and intimated the cancellation of the policy to the complainant on 29.6.2006 itself.  Hence there is no deficiency in service on the part of the 4^th opposite party and the complaint is liable to be dismissed.  

6.        In order to prove the averments of the complaint, the complainant have filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 marked.  Proof affidavit of 1^st 2^nd and 3^rd opposite parties  filed and Ex.B1 to Ex.B4  marked on the side of the 1^st , 2^nd and 3^rd opposite parties  and proof affidavit of 4^th opposite party not filed and also oral arguments let in.

7.   The point for the consideration is:  

Whether the complainant is entitled to a sum of Rs.10,099/- towards the wrong debit committed by the opposite parties as prayed for?

 

Whether the complainant is entitled to a sum of Rs.25,000/- as compensation for mental agony with cost as prayed for ?

 

 

8.      Points -1 & 2 : -

          Heard both sides.  Perused the records.  The learned counsel for the complainant contended that after filing the case on 25.11.2008 and immediately after sending notice to the opposite parties a sum of Rs.10,099/- has been credited into the account of the complainant.  The opposite parties wantonly and neglected to pay any amount towards mental agony sustained by the complainant and cost of the complaint for the wrongful withdrawal the amount from the complainant’s account towards accident cover policy.   The learned counsel for the opposite parties contended that after the receipt of notice Ex.A6 and after the receipt of the copy of the compliant from this forum the opposite parties verified the entire records related to the complainant’s account and come forward to settle the amount and paid a sum of Rs.10,099/- on 22.4.2009.  The opposite parties also paid a sum of Rs.17,726.09 p.  Rs.8501,  and Rs.875.36 rounded to Rs.876/- on 7.5.2009 into the account of the complainant; since the said amount found to be paid by the complainant in excess proves the honest behaviour of the opposite parties.

9.     The learned counsel for the complainant contended that while availing credit card limit of Rs.52,000/- and cash withdrawal amount of Rs.20,800/- the opposite parties collected Rs.217.38 for “EMI Principal” on 9.5.2006 and Rs.219.60 on 9.6.2006 and Rs.221.84 on 8.7.2006 respectively.   On questioning the same the opposite parties informed that the said amount collected towards accident cover policy.   But the complainant has not inclined to avail any such accident death cover.   The opposite parties without knowledge, un-authorizely collected such amount.   Thereafter on 9.8.2008 a sum of Rs.10,099/- also debited from the account of the complainant for no reason.   Hence the complainant was constrained to issue notice; since there is no response; the complainant filed this case.

10.    After filing the case, the opposite parties paid the said amount of Rs.10,099/- and other wrongly collected amounts totally to the tune of Rs.37,875/- and credited into the account of the complainant.   The learned counsel for the complainant further contended that the act of the opposite parties are against public policy and arbitrary the opposite parties are liable to pay a sum of  Rs.25,000/- as compensation for mental agony  but it is seen from the written version and the documents filed in this case the opposite parties paid  a sum of Rs.37,875/- to the complainant as paid in excess.

11.    The learned counsel for the opposite parties contended that after due verification of entire accounts of the complainant the opposite parties came to the conclusion that a sum of Rs.37,875/- is collected from the complainant inadvertently towards accident death cover and dues was also settled and credited into the account of the complainant as per Ex.B3 & Ex.A4.   The claim of compensation towards mental agony never arise because the opposite parties paid the entire claim amount as well as the amount wrongful paid by the complainant.    Considering the facts and circumstances of the case this Forum is of the considered view that the complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

In the result this complaint is dismissed.  No cost.

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  10^th  day  of  July 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1-  8.10.2004          -  Copy of credit card statement sent by the opposite party

            9.08.2008 –  to the complainant.

Ex.A2-         -       -  Copy of Pamphlet issued by the opposite party.

Ex.A3-         -       -  Copy of letter requesting cancellation sent to the

                               Opposite party by the complainant.

Ex.A4- 29.6.2008  -  Copy of cancellation letter for accidental death cover

                                Received by the complainant from the opposite party.

Ex.A5- 13.8.2008  -  Copy of Mini Statement taken from the opposite party

Ex.A6- 18.9.2008  -  Copy of legal notice sent from the complainant’s counsel.

Ex.A7-         -       -  Copy of Ack. cards and returned cover.

 

Opposite parties’ side document: -   

 

Ex.B1- 28.7.2008  - Copy of Pre Debit Advice from bank to the complainant.

Ex.B2- 4.10.2008  - Copy of Communication from the opposite party to the

                              Complainant.

Ex.B3- 8.5.2010    - Copy of Statement of accounts.

Ex.B4- 8.5.2010    - Copy of Communication from the opposite party to the

                               Complainant.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.