BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  : 256 of 2009

Date of Institution :  20.02.2009

Date of  Decision   :  21.04.2010

Chander Mohan Goyal, R/o House No. 679, PSEB Housing Complex, Sector 49-A, Chandigarh, now presently residing at House No. 1201, Sector 34-C, Chandigarh.

 ……Complainant

V E R S U S

1]     ICICI Bank Limited, SCO No. 151-152, Sector 9-D, Chandigarh, through its Manager.

2]     ICICI Bank Limited, Videocon Tower, 2^nd Floor, Block E-1, Jhandelwalan Extn., New Delhi – 110055.

3]     ICICI Bank Limited, ICICI Towers, Bandra Kurla Complex, Mumbai – 400051.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT:  Sh. Vijay Guleria, Adv. for the Complainant.

          Sh. Mukhbir Singh, Adv. for OPs.

PER MRS.MADHU MUTNEJA, MEMBER

          The instant complaint has been filed by Sh. Chander Mohan Goyal against ICICI Bank u/s 12 of the Consumer Protection Act, 1986, demanding that the OP be directed to refund one EMI of Rs.5639/- along with interest on this amount wrongly claimed, along with requisite compensation.

2]        As per the facts of the case, the Complainant took a personal loan of Rs.1,65,000/- from the OP for a period of 03 years, for which an EMI of Rs.5638.75/- was fixed. This amount was to be paid through Electronic Clearance System [ECS] every month. Thereafter, the OP was receiving EMI regularly through ECS from the Complainant’s Bank Account upto Oct., 2007. On 05^th Nov.2007, the Complainant was surprised to receive a call from the OP that one installment due on this date was dishonoured. Despite his representing to the Officials of the OP many times, the OP have not given up their claim.

     A statement of account of State Bank of Patiala (SBOP) furnished by the Complainant shows an ECS debit of the required amount on this date (annexure C-1).

3]     Since then, the OP have been demanding payment from the Complainant time and again from December, 2007, along with extra charges of Rs.200/- + service tax and late payment charges @2% per month. The Complainant had met the officials of the OP to satisfy them about the details of payment many times, but no compromise was ever reached between the parties. The Complainant was further surprised to see that in October, 2008, the OP debited two installments of loan, totalling Rs.11,278/- through ECS, without taking his consent or even informing him. 

4]        The OPs in their reply have stated that the Complainant has been repeatedly requested to provide a certificate from his bank showing debit from his account in Nov.,2007. The demand to pay this amount continues because of non submission of this certificate. If the Complainant submits this document the bank shall give the credit and if need be, reverse all other charges too. Pleading that there was no deficiency in service on the part of the OPs they have prayed for dismissal of the complaint.

     The learned counsel for the Complainant was thus directed by this Court to provide this certificate from his bank at the time of arguments, since the due amount as demanded by the bank had already been debited by the bank from the account in Oct. 2008. The certificate dated 16.04.2010 from SBOP has been submitted by the Complainant and placed on record. SBOP has given the following certificate:-

“This is to certify that a sum of Rs.5639/- has been debited to SB Account No.55118505003 of Sh. C.M. Goyal on 05.11.2007, through ECS clearing by the ICICI Bank Ltd”.

     It seems that ICICI Bank want to rely more on the certificate of SBOP rather then peruse their own records. They have only ended up with litigation, which could have been avoided.

5]   We have read the complaint and the replies including annexures, affidavits etc. tendered by Ops and heard the learned counsel for the parties.

6]   We are of the view that the Complainant is justified in his grievance against the OP. OP has unjustly not only harassed him, but also debited an extra ECS and other charges from his account besides causing him much tension. They could have just perused their own records properly and the matter would have been sorted out. This complaint is thus hereby allowed. 

7]   We, therefore, by this order direct the OPs

i)              to return to the Complainant any extra payments debited by them from his account in this case. 

ii)         A sum of Rs.10000/- be paid by them to the Complainant for causing undue tension and mental agony.

8]   This order be complied with by the OPs within a period of six weeks from the date of the receipt of the order, failing which the Ops will be liable to pay the total amount stated above alongwith interest @18% p.a. from the date of this order till the actual date of realization.

9]     Certified copies of the order be supplied to the parties free of any charge. The file be consigned to the record room after compliance.    

Announced

21.04.2010             

                                     (LAKSHMAN SHAMRA)

PRESIDENT

  (MADHU MUTNEJA)

MEMBER

JS

C.C.No. 256 /2009

PRESENT:       None

                    ……

As per separate detailed order of even date, this complaint is allowed. After compliance, file be consigned to record room.

Announced.

21.04.2010                   Member      President    

5]        Parties led evidence in support of their contentions.

6]        We have heard the learned counsel for the parties and have also perused the record.

7]        It is true that the Complainant has not cleared the IELTS exam. He had entered into an agreement with the OPs, wherein the duty of the OPs was to assess his education and professional/ training skills and experience & thereby, assist him to prepare his case for immigration. They were also required to regularly review and identify for submission all required documents and supporting evidence and then submit his complete case with supporting documents and evidence, along with the submission report to the CHC. When a person approaches an Agency for help, he, obviously, expects that the Agency will not only help him to prepare the papers, but also guide him continuously from time to time through correspondence and otherwise, so that when the time of his interview comes, he is prepared with all relevant documents and material needed, so that his case for immigration goes through and is not rejected, due to want of these documents. It seems that WWICS have signed the Contract of Engagement with the Complainant and then put the file in their store. They have never ever contacted the Complainant after November 2003, to find out if he was taking any steps to fulfill his part of the Agreement, as per duties of Client. It is true that IELTS exam was to be cleared by the Complainant only. But, then why did they not remind him that his case would definitely be rejected, if he did not do so. They have contacted him only on 31.5.2008, when they have reminded him that the CHC has started reviewing applications of 2003 and his case was likely to come up soon. They have also reminded him to clear the IELTS exam. True the Complainant did not clear this exam and when the call from the CHC came in July, 2008, his position was the same, as on the first date. Obviously when his application was processed, it was rejected.      

10]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.04.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                             Sd/-   

(ASHOK RAJ BHANDARI)

MEMBER

                                             Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’