BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Date of filing : 15/05/2009
Date of Order : 21/07/2011
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 264/2009
Between
Jaya. S. Anthraper, | :: | Complainant |
W/o. Sunny Anthraper, Deco Wood Interiors, 40/1398, Puthiya Road, Palarivattom.P.O., Kochi – 25. |
| (By Adv. George Cherian, Karippaparambil Associates Advocates, H.B. 48, Panampilly Nagar, Cochin - 36) |
And
ICICI Bank Ltd., | :: | Opposite party |
ICICI Bank Credit Card Division, M.G. Road, Padma Junction, Ernakulam. |
| (By Adv. Shaijan C. George, Edassery Building (Blue Mount), Banerji Road, Ernakulam, Cochin – 682 031) |
O R D E R
A. Rajesh, President.
1. The facts of the complainant's case are as follows :
In 2004, the complainant availed herself of a credit card facility from the opposite party with credit limit of Rs. 41,000/-and cash limit of Rs. 12,300/-. On 11-08-2007, the complainant received a bill from the opposite party showing total amount due as Rs. 9,779.98. By letter dated 30-08-2007, the complainant intimated the opposite party that the bill is wrong and demanded a no due statement as against the bill. The opposite party expressed their inability to process the request. Thus, the complainant by e-mail dated 06-09-2007 requested for cancellation of the credit card. The complainant is not liable to pay any amount after August 2007. The opposite party has not cancelled the credit card till date and the amount has been accumulated to Rs. 25,379.98. The facts while so on 04-04-2009, the henchman of the opposite party threatened the complainant with dire consequences if she failed to remit the amount within 10 days. Thus, the complainant is before us with the lachrymal prayer to set aside the demand dated 12-02-2009 for Rs. 25,379/- and seeking direction against the opposite party to pay compensation of Rs. 50,000/- and costs of Rs. 10,000/-.
2. Version of the opposite party :
The complainant was issued with a credit card in 2003. The complainant was not prompt in paying the monthly payment in time and it is evident from the monthly statement account. Due to the default of the complainant, the opposite party was forced to charge interest and late fee. As per the terms and conditions, to cancel the credit card, the card holder must clear all the dues in which she failed. After 2007, the complainant frequently made purchase by this credit card and she is liable to pay the amount. The alleged incident on 04-04-2009 is a concocted story. There is no deficiency in service and unfair trade practice on the part of the opposite party.
3. The witness for the complainant was examined as PW1 and Exts. A1 to A5 were marked on the side of the complainant. No oral evidence was adduced by the opposite party. Both the parties filed argument notes. Heard the counsel for the parties.
4. The points that arose for consideration are :-
i) Whether the complainant is entitled to get set aside
Ext. A5 the impugned bill?
ii) Compensation and costs of the proceedings?
5. Point No. i) :- On receipt of Ext. A1 credit card statement dated 11-08-2007 the complainant issued Ext. A2 e-mail dated 30-08-2007 requesting the opposite party to reverse the entry and to issue a no due statement. The opposite party sent Ext. A3 e-mail on the same day in reply to Ext. A2 explaining the criteria in calculating the dues. Further on 06-09-2007 by Ext. A4 e-mail, the complainant requested the opposite party to cancel the credit card with immediate effect.
6. According to the complainant, she is not liable to pay any amount further to. August 2007, since she duly intimated the opposite party to cancel the credit card which they failed to do. However, the credit card account statement filed by the opposite party goes to show that the complainant had gone to enjoy the credit card facility evenafter she had requested the opposite party to cancel the same which talks volumes against her. It is pertinent to note that the complainant has not mounted the box to depose her case. PW1 the manager-cum-accountant has only hearsay knowledge regarding the usage of the credit card by the complainant admittedly not controverted. His evidence does not help the complainant to establish her contentions in this Forum. The complainant fails to establish any deficiency in service or unfair trade practice on the part of the opposite party.
7. In view of the considered above, we are only to hold that the complaint is liable to be dismissed. Held accordingly.
Pronounced in open Forum on this the 21st day of July 2011.
