Tamil Nadu

North Chennai

CC/401/2018

P.Sundrakumaravel - Complainant(s)

Versus

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

P.P.Purushothaman

29 Jul 2022

ORDER

Complaint presented on  :23.08.2012    Date of disposal            :08.08.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

TMT. KAVITHA KANNAN,M.E.,                        : MEMBER-1

THIRU V. RAMAMURTHY, B.A.B.L., PGDLA     : MEMBER II

 

C.C. No.401/2018

 

DATED THIS MONDAY THE 8th  DAY OF AUGUST 2022

 

P.Sundrakumaravel,

No.765, Old No.386/1, T.H. Road,

Thiruvottiyur,

Chennai-600 019.                                                                    .. Complainant.                                 

..Vs..

 

1. The General Manager,

M/s. ICICI Bank Ltd., (Regional office),

Santhome High Road,

Foreshore Estate,

Chennai-600 028.

 

2. The Manager,

M/s. ICICI Bank Ltd.,

Land Mark, Race Course Circle,

Vadodara-390 007.

 

3. The Manager

M/s. ICICI Bank Ltd.,

DSMG-Cards 2^nd Floor,

West Wing, No.24, South Phase,

Ambattur Industrial Estate,

Chennai-600 058...Opposite parties.

 

Counsel for the complainant                      : M/s. P.P. Purushothaman and 1 other,

Counsel for   opposite parties                   : M/s.Sai Krishnan Associates.

 

ORDER

THIRU V. RAMAMURTHY, B.A.B.L., PGDLA       : MEMBER II

 

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to directing the Opposite parties to redeposit the amount of Rs. 17,338.38 that has been debited/misappropriated from his savings bank giving reasons, to pay to the complainant an amount of Rs. 50,000/- (Rupees Fifty thousand only) ascompensation towards the negligent act, Rs.50,000/- (Rupees Fifty thousand only) as compensation towards the deficiency in service and Rs. 50,000/- (Rupees Fifty thousand only) as compensation towards mental agony and hardship caused to the complainant.

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No.209/2012.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble S.C.D.R.C. and taken on file as C.C. No.401/2018.

1.THE COMPLAINT IN BRIEF:

The complainant is having a savings bank account in the 3^rd Opposite Party bank in Account No. 108202000001620.  The complainant also availed credit card facility vide Credit Card No. 5176 5336 6579 6006 and regular in making payment due towards the credit card.  The complainant discussed with 3^rd opposite party representatives on 24.10.2008 for an amicable settlement towards credit card dues.  The 3^rd opposite party’s representatives accepted for Rs.6,000/- as full and final settlement for the said credit card and the complainant also agreed to pay it through two instalments as per the letter vide 0382/10/08 dated 24.10.2008 given by 3^rd opposite party. On 24.10.2008 the complainant had paid the first instalment amount of Rs.1,000/- to opposite party collection agent Mr. M. Shabeer vide receipt No.C 09086622720.  The second instalment of Rs.5,000/- was paid through cheque No.880292 dated 20.11.2008.  But the 3^rd opposite party had debited a sum of Rs.17,338.38 on 27.01.2012 from his savings bank towards credit card dues.  The complainant had sent a complaint through e-mail and the representative of customer care informed that 3^rd opposite party has to take action within 7 days.  The complainant contacted the opposite party orally and through phone but there was no response from opposite parties.  The complainant had sent a legal notice to opposite parties on 07.03.2012 and the same was received by 2^nd and 3^rd opposite parties and a reply was received from one Mr.Sunaina Singh of opposite parties stating that they cannot redeposit or credit the amount to the complainant bank account, without giving a valid reason.  The complainant sent a rejoinder on 11.07.2012 to all the opposite parties but there was no response.  Hence this complaint.

2.WRITTEN VERSION OF 3^rd OPPOSITE PARTY AND ADOPTED BY THE 1^ST,  2^NDAND 3^RDOPPOSITEPARTIES IN BRIEF:

The opposite parties have denied all the allegations set out in the complaint except such facts that are specifically admitted.  The three opposite parties are one and same and the complainant need not have included the Ist and 2^nd opposite parties in the complaint.  The opposite parties submits that the complainant approached the bank for credit card facility on 21.03.2007 and executed necessary documents and based on that credit card facilities were extended on 31.03.2011.  The opposite parties contended that as per the Card Member Agreement the complainant agreed by the terms and conditions under which the credit card was issued.  The savings bank account was opened on 23.06.2006.  The opposite parties in their averments stated that the complainant was failed to pay his dues promptly on the due dates,in spite of several reminders and personal visits by the representatives of bank and finally complainant approached the bank for a settlement of Rs.6,000/- in two instalments and also agreed to pay the 1^st instalment of Rs.1,000/- on 24.10.2008 and 2^nd instalment of Rs.5,000/- by cheque dated 20.11.2008.  The opposite parties states that the complainant had paid the 1^st instalment of Rs.1,000/ on 25.10.2008 but claimed that he had paid on 24.10.2008, is baseless.  The opposite party submits that complainant has not paid as per schedule date in the settlement letter and thus the settlement has become null and void and hence the opposite parties had adjusted the dues of credit card from the savings bank account of complainant.  The opposite parties replied the legal notice sent by the complainant that legitimate dues were recovered from the complainant under the due process subject to the guidelines of RBI.  The opposite parties had given sufficient and enough opportunities to the complainant to settle the outstanding dues in consistent with the accepted terms and conditions for using the credit cards.  However, in spite of receipt of bills/statements and notices from the bank, the complainant had grossly failed and neglected to make the payment.  Further the opposite parties contended that before debiting the amount the opposite parties had intimated to the complainant about the lien over the complainant’s bank account vide their letter dated 13.01.2012 to pay the outstanding within 7 days from the date of the letter.  Due to failure on the complainant side, the opposite parties debited the said amount of Rs.17,300.38 on 27.01.2012 from the complainant SB account and the same was intimated to complainant on 27.01.2012 itself.  Hence the opposite party submits that there was no negligence and deficiency in service by opposite parties and prayed for dismissal of complaint.

3. POINTS FOR CONSIDERATION:

1. Whether there is any negligence and deficiency in service on the part of the opposite parties as alleged in the complaint?

2. Whether the complainant is entitled to the reliefs prayed in the complaint. If, so to what extent?

The complainant had filed proof affidavit, written arguments and documents Ex.A1 to Ex.A9 were marked on his side.The opposite parties have filed written version, proof affidavit, written arguments and documents Ex.B1 to B3 were marked on their side.

4. Point No.1:-

The complainant is having a savings bank account in the 3^rd Opposite Party bank in Account No. 108202000001620.  The complainant also availed credit card facility vide Credit Card No. 5176 5336 6579 6006 and regular in making payment due towards the credit card.  The complainant discussed with 3^rd opposite party representatives on 24.10.2008 for an amicable settlement towards credit card dues.  The 3^rd opposite party’s representatives accepted for Rs.6,000/- as full and final settlement for the said credit card and the complainant also agreed to pay it through two instalments as per the letter vide 0382/10/08 dated 24.10.2008 given by 3^rd opposite party. On 24.10.2008 the complainant has paid the first instalment amount of Rs.1,000/- to opposite party collection agent Mr. M. Shabeer vide receipt No.C 09086622720.  The second instalment of Rs.5,000/- was paid through cheque No.880292 dated 20.11.2008.  But the 3^rd opposite party had debited a sum of Rs.17,338.38 on 27.01.2012 from his savings bank towards credit card dues.  The complainant had sent a complaint through e-mail and the representative of customer care informed that 3^rd opposite party has to take action within 7 days.  The complainant contacted the opposite party orally and through phone but there was no response from opposite parties.  The complainant had sent a legal notice to opposite parties on 07.03.2012 and the same was received by 2^nd and 3^rd opposite parties and a reply was received from one Mr.Sunaina Singh of opposite parties stating that they cannot redeposit or credit the amount to the complainant bank account, without giving a valid reason.  The complainant sent a rejoinder on 11.07.2012 to all the opposite parties but there was no response.

5. The fact that the complainant is having a savings account with 3^rd opposite party and availed a credit card on 31.03.2011 from the 3^rd opposite party is admitted by the opposite parties.  The opposite parties contended that as per the Card Member Agreement the complainant agreed to the terms and conditions under which the credit card was issued.  The opposite parties in their averments stated that the complainant has failed to pay his dues promptly on the due dates in spite of several reminders and personal visits by the representatives of bank and finally approached the bank for a settlement of Rs.6,000/- in two instalments and also agreed to pay the 1^st instalment of Rs.1,000/- on 24.10.2008 and 2^nd instalment of Rs.5,000/- by cheque dated 20.11.2008.  The opposite parties states that the complainant had paid the 1^st instalment of Rs.1,000/ on 25.10.2008 but claimed that he has paid on 24.10.2008, is baseless.

          6. The complainants states that he was regular in payment of credit card dues.  The opposite parties denied in their averments stating that the complainant was irregular in payments and himself approached the opposite parties for settlement and a settlement was also arrived.  It is found from Ex. A1, that Ist instalment repayment shall be Rs.1,000/- by cash on 24.10.2008 and 2^nd instalment of Rs.5,000/- through cheque No.880292 dated 20.11.2008 and this is full and final settlement on a one time basis  and timely repayment is essence of this settlement.  Failure to adhere the repayment schedule, the settlement would stand null and void and would be liable to pay the entire revised outstanding.  The contention of the complainant is that he paid the 1^st instalment on 24.10.2008 to the representative of opposite parties and the receipt was issued by them on 25.10.2008.  But there is no proof for the payment made on 24.10.2008.  On the other hand, Complainant filed receipt which is marked as Ex.A2 and according to this,  the1^st instalment was paid only on 25.10.2008. The 2^nd instalment was paid through cheque No.880292 on 20.11.2008 and debited from complainant account on 22.11.2008 as per Ex.A3. As per Ex. A4 the complainant has filed a complaint to opposite parties that a sum of Rs.17,338.38 was debited from his SB account for his credit card dues and requested for recredit of the same since he paid the dues as per one time settlement.  The complainant had also sent legal notices to all the opposite parties on 07.03.2012 which is marked as Ex.A5 and the acknowledge card marked as Ex.A6.  The opposite party reply was filed and marked as Ex.A7 in which the opposite party states that due to part and delay in payment the credit card outstanding amount increased to Rs.17,330.38 and the credit card was deactivated and as governed by the terms and conditions of the Card Member Agreement the opposite party is authorized to debit to the extent of outstanding amount  in respect of credit card from his savings account and hence  since the settlement offer become void due to non repayment a per the schedule the opposite party debited the amount as per the terms and conditions which cannot be recredited in his savings bank account. 

          7. It is found from the Ex.B1, that opposite party had given advance notice to complainant on 13.01.2012 to pay the total outstanding amount of Rs.17,330.38 within 7 days from the date of letter failing which the right of lien will be exercised.  The opposite party had also filed a letter sent to complainant which is marked as Ex.B2 and according to that, the complainant has not cleared the outstanding dues within 7 days and hence the opposite parties had exercised their right of lien by debiting a sum of Rs.17,330.38 from the SB account and adjusted against the credit card outstanding.  The credit card  account statement is marked as Ex.B3.  It is found from the above Exhibits that complainant has not adhered to the schedule of payment of one time settlement which resulted the one time settlement as null and void.  The opposite parties have given enough prior intimations to complainant before acting on their right of lien andtherefore for the alleged deduction of Rs. 17,330.38 from SB account on 27.01.2012 to settle the outstanding dues against the credit card, the bank cannot be attributed with negligence and deficiency in service on that score. Hence this Commission is of the considered view that opposite party has not committed any negligence or misappropriation and deficiency in service committed by the opposite parties.  Point No.1 is answered accordingly.

8. Point No.2.

            Based on findings given to the Point.No.1 since there is no deficiency in service on the part of staff of the Opposite parties and since there is no misappropriation or negligence on the part of 3^rd opposite party and their staff, the complainant is not entitled forany of the reliefs claimed in the complaint. Point no.2 answered accordingly.

          In the result, the complaint is dismissed. No costs.     

Dictated  by Member II to the Steno Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 08^thday of August 2022.

MEMBER I                                  MEMBER  II                           PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1	24.10.2008	Letter of acceptance given by the 1st opposite party.
Ex.A2	25.10.2008	Receipt for the payment of first installment.
Ex.A3	22.11.2008	Bank statement from 01.11.2008 to 30.11.2008.
Ex.A4	02.02.2012	Letter sent by the complainant to Mr.Sagar, Customer Service Executive.
Ex.A5	07.03.2012	Legal notice sent by the complainant to the opposite parties.
Ex.A6		Acknowledgement cards.
Ex.A7	09.04.2012	Reply by Mr.Sagar, Customer Service Executive.
Ex.A8	11.07.2012	Second Legal notice sent by the complainant to the opposite parties.
Ex.A9		Acknowledgement cards.

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTIES:

 

Ex.B1	13.01.2012	Predebit letter.
Ex.B2	27.01.2012	Post Debit letter
Ex.B3		Statement of Account

 

MEMER – I                           MEMBER – II                       PRESIDENT