Ms.Harvimal Dogra, Member

1.       Instant complaint has been filed by complainant Parbodh Chander Bali against the opposite party ICICI Bank Ltd. u/s 12 of the Consumer Protection Act, 1986 on the allegations of  deficiency in service and unfair trade practice on the part of the opposite party .

2.       Brief facts of the case are that  opposite party is a registered company and providing banking service including exchange of foreign currencies and complainant is maintaining a saving bank account bearing No. 006601003382 with the opposite party . Opposite party exchanges Indian currency in foreign currency in short called “Forex”  and  for that opposite party publishes its current exchange rates on opposite party website  updated regularly on daily basis. On 17.5.2018 complainant purchased an Air ticket  and for that complainant was to make  a payment to an Airline in US$. As such on 17.5.2018 complainant after  studying  the exchange rates of opposite party published on opposite party website authorized the opposite party for an online net banking payment to Airline company for 276.90 US$ which was credited by the opposite party to Airlines debiting complainant’s saving bank account. The complainant was surprised to receive a bill for US$ 291.00 from Airlines. The complainant immediately download statement of account from opposite party website where no detail of quantity of US$ debited to complainant account were mentioned. As per rate card downloaded from opposite party website, the rate of US$ at the time of aforesaid transaction was Rs. 68.93 per US$  as such for US$ 276.90, opposite party was to debit complainant  account with 276.90X68.93 = Rs. 19086.71 whereas opposite party actually debited Rs. 20276.01 so excess Rs. 1189.29  was charged. But opposite party never made clear  about the actual US$ debited from the account . On 20.5.2018 complainant served a notice to opposite party and asked them to rectify his defective service . The opposite party replied vide letter dated 22.5.2018  via email  and asked 5 days for redressal of the grievance but is silent till date. The act of the opposite party in deducting the illegal amount , amounts to deficiency in service. Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite party be directed to award Rs. 21,189.29  alongwith interest in favour of complainant calculated as follows:-

1. Compensation to the tune of Rs. 10000/- for the mental harassment and agony suffered by the complainant ;
2. Opposite party be also directed to pay cost of litigation to the tune of Rs. 10000/-
3. Amount of Rs. 1189.29 on account of excess deductions by the opposite party.

Hence, this complaint.

3.       Upon notice, opposite party appeared and filed written version in which it was submitted no excess amount of Rs. 1189.29 has been debited as alleged nor the  opposite party has committed any deficiency in service  . The complainant has concealed the actual facts from this Forum while filing the present complaint in view of the facts that as per terms and conditions of the bank duly conveyed to the complainant the bank has to charge mark up charges on International transactions (3.5% + GST) which have been charged in the account  and accordingly the bifurcation of the amount debited to the account of the complainant is as under:-

Levy of Mark charges on international transactions is mentioned at TnC of DC, DC product page and SOC given to the complainant alongwith debit cards which are reproduced as under:-

Fee and charges:

The annual fees for the card will be debited to the primary account linked with the card on application/renewal at the bank’s prevailing rate. The fee are not refundable. The cardholder shall maintain at all times such minimum balance in the account, as ICICI Bank may stipulate from time to time. ICICI Bank reserves the right at any time to charge the cardholder for the issue or reissue of a card and/or any fees/charges for the transactions carried out by the cardholder on the card. Any government charges, duty or debits, or tax payable as a result of the use of the card shall be the cardholder’s responsibility and if imposed upon ICICI Bank (either directly or indirectly), ICICI Bank shall debit such charges, duty or tax against the account. In addition, operators of shared networks may impose an additional charge for each use of their ATM/POS Terminal/other device , and any such charge alongwith other applicable fees/charges will be deducted from the cardholder’s account. There will be separate service charges levied for such facilities as may be announced by the bank from time to time and deducted from the cardholder’s account. In the situation that the account does not have sufficient funds to deduct such fees, the bank reserves the right to deny any further transactions. In case of accounts classified as overdrawn accounts, the cardholder will have to rectify the account balance position immediately. In every such situation where the account gets overdrawn, a flat charge could be levied in addition to the interest to be charged on the debit balance in the account. This charge will be determined by the bank and will be announced from time to time. In the event of an account being overdrawn due to card transactions, the bank reserves the right to setoff this amount against any credit lying from any of the cardholder’s other accounts held jointly or singly without giving any notice. Nothing in the terms shall affect the Bank’s right of setoff, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the bank and cardholder. The cardholder also authorized ICICI Bank to deduct from his account and indemnifies ICICI Bank against any expenses it may incur in collecting money owed to it by the cardholder in connection with the card (including without limitation reasonable legal fees). ICICI Bank may, at its discretion levy penal charges for non maintenance of the minimum balance. In addition to the minimum balance stipulation ICICI Bank may levy service and other charges for use of the card, which will be notified to the cardholder from time to time. In the case of transactions entered into by the cardholder through his internationally valid debit card, the equivalent in the currency in which the cardholder’s account is held, alongwith processing charges, conversion charges, fees if any charged as per VISA/Mastercard regulations, any other service charges for such transactions shall be debited to the account linked with the card held at ICICI Bank in India. The cardholder authorizes ICICI Bank to recover all charges related to the card as determined by ICICI Bank from time to time by debiting the account linked with the card. Details of the applicable fees and charges as stipulated by ICICI Bank will be displayed on the website and/or at the branches.  Accordingly the amount of Rs. 20276.01 was rightly debited to the account of the complainant on the basis of exchange rates applicable on the particular date and other charges as per rules and regulations of the bank. It was denied that any excess amount of Rs. 1189.29 paise has been debited to the account of the complainant.  The complainant has been duly explained the details of the amount debited which includes exchange rate applicable and charges of the bank but the complainant instead of understanding the thingss has unnecessarily filed the present complaint.  While denying and controverting other allegations, dismissal of complaint was prayed.

4.       Alongwith the complaint, complainant has filed his self attested affidavit Ex.CW1, copy of online netbank payment to Airline company for 276.90 US$ Ex.CW2, copy of bill received from Airlines for US$ 291.00 Ex.CW3, detailed statement Ex.CW4 , coy of email Ex. CW5, copy of account statement Ex.CW6,  copy of notice service upon opposite party Ex.CW7,  reply to notice dated 22.5.2018 Ex.CW8.

5.       On the other hand alongwith written version opposite party filed affidavit of Sh.Sarvesh Kumar Manager but the same has neither been exhibited nor any Annexure number has been written.

6.       We have heard the complainant in person as well as Ld. Counsel for the opposite party and have gone through the written arguments filed by the complainant and also gone through the case file very minutely.

7.       From the scrutiny of the pleadings of the parties , it reveals that the relief claimed by the complainant through this complaint is only that he purchased Air  tickets by making payment of US$ from his account maintained by the opposite party and opposite party was asked to transfer US $ 276.90 on 17.5.2018 and the rate of per US$ on that date was Rs.68.93 and accordingly to that rate the opposite party was to debit an amount of US$ 276.90 from the account of the complainant i.e. 276.90X68.93=19086.72 but the opposite party illegally debited an amount of Rs.20276.01 in Indian currency from the account of the complainant and as such the opposite party has debited an amount of Rs. 1189.29 than the actual value of the exchange rate and as such the complainant is entitled for the reimbursement  of the excess amount of Rs. 1189.29 alongwith compensatin for the mental tension and harassment  of Rs. 10000/- and litigation expenses of Rs 10000/-.

8.       The opposite party meted out the case of the complainant in the manner that as per terms and conditions of the bank which was duly conveyed to the complainant the bank has to charge mark up charges  on international transactions (3.5% + GST) which has been charged in the account of the complainant and the said terms and conditions were very well within the notice of the complainant because the same were conveyed to the complainant  and as such, the amount of Rs. 20276.01 was rightly debited to the account of the complainant on the basis of exchange rates applicable on the particular date and other charges as per rules and regulations of the bank and further submitted that no excess amount has been debited from the account of the complainant and requested that the complaint of the complainant is without merits and the same may be dismissed.

9.       From the  above version of the complainant and the counter version of the opposite party itself established that opposite party has not brought on the file any terms and conditions where from this Forum can ascertain whether the opposite party is well within its jurisdiction to charge on international transaction  rate i.e.3.5% + GST, but there is no circular of the Government or RBI whereby the opposite party bank is allowed to charge such huge amount of GST as well as transaction charges. If the opposite party alleged that there are terms and conditions of the bank then what was the hitch to the opposite party to bring the same on the file  just to make his case more effective, but non production of that documents shows that the said version of the opposite party is only oral and self made and self propounded just to keep away the complainant from the benefit of the instant complaint.

10.     As the terms and conditions have not been  brought on the file by the opposite party , as such we considered that there are no terms and conditions  and opposite party is not entitled for any transaction charges as well as GST charges for exchange of Indian currency into US$ and keeping in mind this aspect  if we see the case of the complainant then there remains no doubt that the complainant allowed the opposite party to pay by way of net banking  system and amount of 276.90 US$ but the complainant paid 291 US$ which is apparently cleared from the receipt issued to the complainant i.e. Ex.CW3 wherein the total amount in US$ debited from the account of the complainant has been shown 291.60 and therefore, the complainant made a request through email and also sent the rate of US$ on the relevant  date i.e. 17.5.2018, copy of the same is Ex.CW6 but the opposite party did not resolve the grievances of the complainant, rather simply gave a reply  that the complaint of the complainant will be  processed within 5 working days i.e. May 29,2018 as per e-mail sent by the opposite party on 22.5.2018 to the complainant, the same is Ex.CW8 and thereafter no correspondence was done by the opposite party with  the complainant which means that opposite party was not bothering the grievances of the complainant which leads to deficiency in service as well as unfair trade practice. As per the rates submitted by the complainant vide document Ex.CW6 the rate of per US$ o the relevant date i.e. 17.5.208 was Rs. 68.93 and if we calculate the rate of 276.90 US$ then it comes to Rs. 19086.72 whereas the opposite party debited 291.60US$  and if the said US$ multiplied  with the rate of per US$ i.e. Rs. 68.93 , then it comes to Rs. 20,276/-. So, it is clearly established that the opposite party has debited excess amount of Rs. 1189.29 from the account of the complainant whereby the complainant was mentally, physically and unnecessarily harassed due to the negligence of the opposite party and as such we find that the complainant is entitled for the relief claimed.

11.     The upshot of our above detailed discussion,  the complaint is partly allowed and the opposite party is directed to reimburse the excess amount debited   from the account of the complainant Rs. 1189.29 alongwith compensation of Rs. 7000/- for causing mental tension and harassment to the complainant  and further the opposite party is directed to pay litigation expenses of Rs. 5000/- . The compliance of the order be made within 30 days from the date of  receipt of copy of this order ; failing which opposite party will further liable to pay interest on the awarded amount @ 12% p.a. from the date of filing of complaint till payment. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

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