In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 154 / 2009.
1) Mrs. Cariline Ross,
43S, Bediadanga, Masgid Bari Bye Lane,
3rd Floor, Kolkata-700039. ---------- Complainant
---Versus---
1) ICICI Bank Ltd., Credit Card Department,
2, Upperwood Street, Kolkata-700017. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,MEMBER
Smt. Sharmi Basu ,MEMBER
Order No. 28 Dated 23/04/2012.
In the instant case, has been filed the complaint u/s 13 of the C.P. Act, 1986 against the o.p. bank, namely ICICI Bank Ltd., Credit Card Department with allegation of deficiency in rendering service on the part of the o.p.
In a nutshell, the case of the complainant is that the complainant is a credit holder of the o.p. bank and also she has a salary savings account at the o.p. bank. The complainant has lost her credit card on 26.9.08 and lodged a diary at Shakespeare Sarani P.S. (copy is annexed) and immediately on the same day informed that event to the o.p. and the credit card was blocked by the o.p. bank immediately.
After several requests the complainant could not get the new credit card but she was stated by the officials of the o.p. bank to pay the entire amount fallen outstanding in respect of the old card. As per the complainant, thereafter, the o.p. bank kept on sending her monthly statements and their charges kept on increasing on her cards, like over due amount, late payment fee, finance charges, etc. barring her card to an outstanding of about Rs.30,000/-. Lastly, in Dec. 2008 she has been informed by the o.p. bank that her salary account had been blocked by the ‘Card Deptt.’ showing (-)ve figure of around Rs.30,000/- and she has prayed for revival of his salary account with the amount due to her credit prior to debit towards credit card dues amount.
Sole o.p. has 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. It is an admitted position that complainant had credit card bearing no.4477 4743 5858 8005 and salary savings account bearing no.018701511747 with the o.p. bank and on 26.9.08 the said credit card was stolen and matter was informed to Shakespeare Sarani P.S. and gave written diary and the matter was also informed to o.p. bank on the same date and o.p. bank blocked the said credit card account on the date of their knowledge. It is also seen from the record that the o.p. went on sending monthly statement and their charges kept on increasing on his card like overdue amount, late fee, finance charges, etc. showing outstanding balance of Rs.30,000/- and at the close of Dec, 2008 when the complainant called up on phone banking to find out if his salary had been credited and he found that his salary account was blocked by the Card Deptt. showing minus figure of Rs.30,000/- being the outstanding amount towards credit card. It is true that complainant is liable to pay the amount due to the credit of the o.p. bank for his credit card dues as it stood on the date of blocked on 26.9.08 and it is not proper to realize the credit card account amount due to the credit of the o.p. bank from his salary account of the complainant. In view of the above position and on perusal of the record we are of the view that o.p. had deficiency being a service provider realizing amount from the salary account of the complainant towards credit card dues amount since salary account has got some conspicuous feature of its own to its consumer within the scope and ambit of C.P. Act. Therefore, we hold that the o.p. had deficiency and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against the o.p. in part. O.p. is hereby directed to revert the entire amount they had diverted from the salary account of the complainant and at the same time complainant is also directed to pay the entire sum due to the credit of o.p. bank towards credit card account uptill the date i.e. 26.9.08 without any further interest thereafter and make it clear complainant shall make payment of credit card dues payable to o.p. with usual interest uptill the date of blocked only. O.p. is directed to pay a compensation of Rs.30,000/- (Rupees thirty thousand) only for his harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only. Parties to this case shall comply with the above order within 45 days from the date of communication of this order, i.e. an interest @ 9% p.a. shall accrue over the entire sum due the credit of both parties till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
