DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA
CC.No.27 of 17-01-2012
Decided on 23-04-2012
Baltej Singh Sidhu son of Nahar Singh, aged 50 years, Resident of House No.482, Model
Town, Phase-I, Bathinda, Tehsil and District Bathinda. .......Complainant
Versus
ICICI Bank Limited, SCO No.9,10,11, Sector 9-D, Chandigarh, through its Branch
Manager.
ICICI Bank Limited, Bibiwala Road, Bathinda, through its Branch Manager.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986
QUORUM
Smt. Vikramjit Kaur Soni, President
Sh. Amarjeet Paul, Member
Smt. Sukhwinder Kaur, Member
Present:-
For the Complainant: Sh. Gian Chand, counsel for the complainant
For Opposite parties: Sh. Sanjay Goyal, counsel for opposite parties
ORDER
Vikramjit Kaur Soni, President:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended up-to-date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant was approached by an agent of the opposite parties who offered to provide credit card with one year free services. The complainant accepted the said offer and he was issued the Credit Card bearing No.5176370160148007 by the opposite parties. The complainant has alleged that thereafter, he has never used the said credit card nor he approached the opposite parties for getting it renewed for further 2nd year as he was not interested in so doing as such he
surrendered his credit card to the bank and got cancelled the said credit card but despite
that the opposite parties issued RLAD No.48973 dated 26.05.2011 alleging that the complainant has been using the said credit card and an amount of Rs.6,414/- is due against the complainant. The complainant after the receipt of the said letter, approached the opposite parties, replied to the said notice on 08.08.2011 and the opposite parties admitted that there is no outstanding amount in the aforesaid credit card of the complainant and regarding this, the opposite parties also issued a letter dated 25.11.2011. The complainant has further alleged that in between, the opposite parties put the name of the complainant among the list of the persons defaulter of the Bank on Credit Information Bureau (India) and thus, the complainant was termed as defaulter and wherever he went to get the financial assistance, every bank termed him as defaulter and asked the complainant to produce required certificate from the opposite parties. The complainant had to feel ashamed of as some times, the same was done in the presence of his wife, children and friends. Hence, the complainant has filed the present complaint for seeking directions of this Forum to pay Rs.4 Lacs as damages, Rs.11,000/- as litigation expenses and any other alternative relief.
2. Notice was issued to the opposite parties. The opposite parties after appearing before this Forum, have filed their joint written statement and pleaded that there is no cause of action in favour of the complainant to file the present complaint as on the date of filing the complaint, demand of Rs.6,414/- was already withdrawn and by filing the present complaint, the complainant in fact is seeking damages only for which the Consumer Forum is not proper Forum. The only remedy is available to the complainant to file the suit for damages in the Civil Court. The opposite parties have further pleaded that the complainant used the credit and the demand of Rs.6,414/- was rightly issued as per statement of account of credit card of the complainant. The opposite parties have admitted that after receiving the demand notice, the complainant approached the opposite parties and on his request, the amount of Rs.6,414/- was waived of as the same was towards penal charges only. As per the banking norm, name of the complainant was listed in defaulter of the bank on credit information bureau.
3. Parties have led their evidence in support of their respective pleadings.
4. Arguments heard. Record along with written submissions submitted by the parties perused.
5. The complainant has submitted that the agent of the opposite parties offered to provide him Credit Card with one year free service. The complainant accepted the said offer and accordingly, he was issued Credit Card No.5176370160148007 by the opposite parties. Thereafter, the complainant had never used the said Credit Card nor he approached the opposite parties for getting it renewed further second year as he wanted to surrender his Credit Card and got cancelled the same. Although the complainant surrendered the said Credit Card and did not request for its renewal but despite that the opposite parties issued RLAD No.48973 dated 26.05.2011 alleging therein that the complainant has been using the said Credit Card and a sum of Rs.6,414/- is due against him as such the complainant after receiving the said letter, approached the opposite parties and replied to the said notice dated 08.08.2011. The opposite parties admitted that there is no outstanding amount in the above said Credit Card and for this, the opposite parties issued a letter dated 25.11.2011. Thereafter, the opposite parties had entered the name of the complainant among the list of the persons defaulter of the Bank on Credit Information Bureau (India) and he was termed as defaulter. Whenever, he went to get the financial assistance, every bank termed him as defaulter.
6. On the other hand, the opposite parties have submitted that the demand of Rs.6,414/- was rightly raised as per statement of account of the credit card of the complainant. The complainant after receiving the demand notice, approached the opposite parties and on his request, Rs.6,414/- was waived off as the same was towards the penal charges only. As per the banking norm, the name of the complainant was listed on defaulter of the bank on credit information bureau.
7. A perusal of record placed on file shows that the opposite parties raised a demand of Rs.6,414/- through legal notice Ex.C-2. Reply to the said notice, was given by the complainant on 08.08.2011 vide Ex.C-3. In this reply, the complainant has written that the agent of the opposite party company i.e. ICICI Bank Ltd. had made offer to provide credit card with one year free services and the said offer was accepted by the complainant and he was issued the Credit Card bearing No.5176370160148007. The complainant has neither used the said credit card nor given any application for the extension/revalidation of the said card. The complainant has already got cancelled the said credit card and surrender the same to the opposite parties. There is no outstanding amount of Rs.6,414/- due against the complainant. In Ex.C-4, the Credit Information Bureau (India) Limited, Cibil Consumer Credit Information Report, the current balance is shown as Rs.6,414/-. The full detail has been provided in the said report.
8. Thereafter, the complainant sent representation to the opposite parties for waiving off the amount of Rs.6,414/-, he had also got deactivated his credit card vide letter Ex.C-5. The relevant portion of this letter:-
“We confirm the deactivation of your Credit Card 5176 XXXX XXXX 8007. Further, we inform you that there is no amount outstanding payable towards your credit card.”
According to this letter, his credit card was cancelled on 25.11.2011. The demand of Rs.6,414/- was raised on 26.05.2011. On the request of the complainant for waiving off this amount, the opposite parties waived off the said amount.
9. As discussed above, the amount of Rs.6,414/- has already been waived off by the opposite parties. Thus, there is no deficiency in service on the part of the opposite parties. Hence, this complaint fails and is hereby dismissed without any order as to cost.
A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum
23-04-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
