Tamil Nadu

South Chennai

CC/135/2007

PL.Lakshmanan - Complainant(s)

Versus

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

M.Vidya

23 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 20.03.2007

                                                                          Date of Order : 23.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

          DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                 

CC. NO.135 /2007

FIRDAY THE 23^RD DAY OF FEBRUARY 2018

                                              

PL. Lakshmanan,

No.21, Karunanidhi 3^rd Street,

Kottur,

Chennai 600 085.                                               .. Complainant

                                      ..Vs..

 

1. M/s. ICICI Bank Ltd.,

Rep. by its Manager,  

RAP(Credit Card Division),

2^nd Floor,

Old NO.683, New No.298,

Anna Salai, Near Anand Theatre,

Chennai 600 002.                          

 

2. M/s. ICICI Bank Ltd.,

Rep. by its Branch Manager,

Chamiers Road Branch,

Nandanam,

Chennai 600 035.

 

3. M/s. ICICI Bank Ltd.,

Rep. by its Branch Manager,  

Nungambakkam Branch,

Nungambakkam High Road,

Chennai 600 034.                                           ..  Opposite parties

 

Counsel for complainant        :  M/s. M. Vidya  

Counsel for opposite parties   :  M/s. K.Kumaran      

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section  12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.1,14,570/- as compensation for mental agony and to pay cost of the complaint.

1. The averments of the complaint in brief are as follows:

          The complainant submit that he is a credit card holder of the opposite parties.   Since there is huge amount of outstanding the 1^st opposite party as agreed to settle the credit card amount at Rs.58000/-.  On 1.8. 2005 the said amount of Rs.58,000/- shall be paid to the opposite parties by way of 4 installments.  Accordingly the complainant paid a sum of Rs.16000/- on 1.8.2005  by way of cash vide receipt No.CC 0505 0363474  dated 2.8.2005. Similarly the 2^nd installment amount of Rs.14,000/- paid through cheque No.113399 dated 30.8.2005 drawn on ICICI Bank, Nandanam Branch, Chennai.  The 3^rd installment amount of Rs.14,000/-  paid through cheque No.113391 dated 30.9.2005 drawn on ICICI Bank, Nandanam Branch, Chennai also acknowledged by the 1^st opposite party.   The 4^th installments of Rs.14,000/-  paid through cheque No.113392 dated 30.10.2005 drawn on ICICI bank Nandanam Branch, Chennai  also acknowledged by the 1^st opposite party and thereby the complainant paid entire amount and was duly acknowledged by the opposite parties.   Further the complainant state that the cheque for 2^nd, 3^rd and 4^th installments were issued as post dated cheques.   In respect of the 3^rd installments there was a lapse of five days since the representative of the 1^st opposite party failed to collect the cash.  Hence the cheque dated 30.9.2005 was dishonoured.   On 12.11.2005 the complainant  deposited the 3^rd installment of cheque dated 30.10.2005 for Rs.14,000/- and the said amount was debited from the complainant’s account.  Further the complainant state that on 17.10.2005 the 1^st opposite party collected a sum of Rs.3000/- from the complainant  towards the credit card.  Similarly on 9.2.2006 the 1^st opposite party representative approached the complainant and collected a sum of Rs.5,000/- by cash from the complainant.   When the complainant  offered the balance amount of Rs.9000/- in respect of the cheque dated 30.9.2005 was dishonoured.  The complainant was informed orally by the opposite party that the settlement offer has been unilaterally withdrawn and cheque dated 30.9.2005 it was dishonoured.   Thereafter the 2^nd opposite party debited a sum of Rs.13470/- on 10.7.2006 from the SB account in Nandanam Brach and a sum of Rs.7100/- on 9.2.2007 from the joint S.B. account of the complainant and his wife by auto-debit without intimation to the complainant which came to  the knowledge while checking balance  through ATM on 12.7.2006 & 12.2.2007 respectively.  The complainant also verified the ledger balance which showed credit balance of Rs.11267.57 and the available balance was shown as minus Rs.53,503.39.  When the complainant pointed out the error to the 3^rd opposite party, the said opposite party for the reasons best known to them reversed the debit in part and debited a sum of Rs.7100/- on 9.2.2007.   Thereafter the 1^st opposite party issued notice dated  29.1.2007 demanding a sum of Rs.64,776.96.   Even after repeated requests the opposite parties has not explained the reason.   Hence the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.   

2. The brief averments in the written version filed by the  opposite parties is as follows:

The  opposite parties deny each and every allegations except those that are specifically admitted herein.  The opposite parties state that the complainant availed a credit card bearing No.4477 4735 1857 9003 from the opposite parties the said credit card was granted to the complainant only after fulfilling all terms and conditions of the agreement and signing the same.    The complainant proved to be a chronic defaulter from the beginning in making his repayments for the utility of the credit card.  Even after repeated requests and reminders the complainant proved to be a defaulter and holds an outstanding of Rs.71,636.53 as on date 10.11.2007 yet to be paid to the bank.    Further the opposite parties state that  there is no doubt that the complainant had offered to settle his credit card account for a sum of Rs.68000/- as full and final settlement of all dues under the aforesaid credit card, with the terms that the said amount to be paid by the complainant  in 4 installments 1^st installment Rs.16000/- to be paid by cash.   For other 3 installments of Rs.14000/- each the complainant agreed and gave 3 post dated cheques bearing cheque No.113390, 113391 & 113392 dated 20.8.2005, 30.9.2005, 30.10.2005 respectively.   The above said offer was accepted by the opposite parties with the above terms that the complainant has to pay the above four installments.   The opposite parties further state that as per the terms of settlement arrived between the opposite parties and the complainant, the complainant has not complied the terms of the settlement.  So that the settlement offer has been ultimately withdrawn in view of the cheque dated 30.9.2005 being dishonoured.   The opposite parties denies the averment made in para-9 of the complainant that the opposite parties auto debited an amount of Rs.13,470/- on 10.7.2006 and Rs.7100/- on 9.2.2007 from the complainant  SBAE without instructions or intimation are all denied as false.   The opposite parties as goodwill and gesture reversed the debit in part and debited a sum of Rs.7100/- on 9.2.2007.   Hence there is no deficiency in service on the part of the opposite  parties and the complaint is liable to be dismissed.

3.    In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A14 marked.  Proof affidavit of the opposite parties filed and Ex.B1 to Ex.B3  marked on the side of the  opposite parties.

4.      The points for consideration is :

Whether the complainant is entitled to a sum of Rs.14,570/- towards collected in excess and  to pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for ?

5.  ON POINT:

        Both parties filed their respective written arguments.   Heard the  opposite parties counsel also.  Perused the records (viz) complaint, written version, proof affidavits and documents etc.   Admittedly the complainant  is a credit card holder of the opposite parties.   Since there is huge amount of outstanding the 1^st opposite party has agreed to settle the credit card amount at Rs.58000/- as per Ex.A3.  On 1.8. 2005 the said amount of Rs.58,000/- shall be paid to the opposite parties by way of 4 installments.  Accordingly the complainant paid a sum of Rs.16000/- on 1.8.2005  by way of cash vide receipt No.CC 0505 0363474  dated 2.8.2005 as per Ex.A3.  Similarly the 2^nd installment amount of Rs.14,000/- paid through cheque No.113399 dated 30.8.2005 drawn on ICICI Bank, Nandanam Branch, Chennai for which the 1^st opposite party issued receipt Ex.A4.  The 3^rd installment amount of Rs.14,000/-  paid through cheque No.113391 dated 30.9.2005 drawn on ICICI Bank, Nandanam Branch, Chennai also acknowledged by the 1^st opposite party as per Ex.A5.   The 4^th installments of Rs.14,000/- paid through cheque No.113392 dated 30.10.2005 drawn on ICICI bank Nandanam Branch, Chennai  also acknowledged by the 1^st opposite party and issued receipt Ex.A6 thereby the complainant paid entire amount and was duly acknowledged by the opposite parties.   Further contention of the complainant is that the cheque for 2^nd, 3^rd and 4^th installments were issued as post dated cheques.   In respect of the 3^rd installments there was a lapse of five days since the representative of the 1^st opposite party failed to collect the cash.  Hence the cheque dated 30.9.2005 was dishonoured.   On 12.11.2005 the 1^st opposite party deposited the 3^rd installment of cheque dated 30.10.2005 for Rs.14,000/- and the said amount was debited from the complainant’s account.  Thereby  complainant paid entire amount. Further the complainant contented that on 17.10.2005 the 1^st opposite party collected a sum of Rs.3000/- from the complainant  towards the credit card.  Similarly on 9.2.2006 the 1^st opposite party representative approached the complainant and collected a sum of Rs.5,000/- by way of cash from the complainant as per Ex.A8.   When the complainant  offered the balance amount of Rs.9000/- in respect of the cheque dated 30.9.2005 it was dishonoured.  The complainant was informed orally by the opposite party that the settlement offer has been unilaterally withdrawn and cheque dated 30.9.2005 was dishonoured.   Thereafter the 2^nd opposite party debited a sum of Rs.13470/- on 10.7.2006 from the SB account in Nandanam Brach and a sum of Rs.7100/- on 9.2.2007 from the joint S.B. account of the complainant and his wife by auto-debit without intimation which came to the knowledge of  complainant while checking balance  through ATM on 12.7.2006 & 12.2.2007 respectively.  The complainant also verified the ledger balance which showed credit balance of Rs.11267.57 and the available balance was shown as minus Rs.53,503.39.  When the complainant pointed out the error to the 3^rd opposite party, the said opposite party for the reason best known to them  to a reversed the debit in part and debited a sum of Rs.7100/- on 9.2.2007.   Thereafter the 1^st opposite party issued notice dated  29.1.2007 demanding a sum of Rs.64,776.96.   Even after repeated requests the opposite parties has not explained the reason for having unilaterally withdrawn the settlement offer after receiving the entire amount.  Hence the complainant was constrained to file this case for refund of a sum of Rs.14,570/- collected in excess by the opposite parties proves deficiency in service of the opposite parties.

6.     The learned counsel for the opposite parties contended that admittedly the complainant availed a credit card bearing No.4477 4735 1857 9003  from the opposite parties accepted terms and conditions of the agreement and execution of necessary document Ex.B1 is the Credit card application and declaration form.  Further the contention of the opposite parties is that the complainant is a chronic defaulter from the beginning itself.  The statement of account from 3.11.2003to 2.1.2004 shows that there is  an outstanding of Rs.71,636.53  as per Ex.B2.   Ex.B3 is the statement of account dated 10.11.2007 shows huge outstanding.  Hence the complainant was offered to settle his credit card account for a sum of Rs.68000/-.  But on a careful perusal of Ex.A9 it is seen that  the settlement arrived for only Rs.58000/- on the above card account in 4 installments as per the payment plan mentioned below:

        1^st installment of Rs.16000/- by cash on 1.8.2005

          2^nd installment of Rs.14000/- through cheque No.113390 dated 30.8.2005

          3^rd installment of Rs.14000/- through cheque No.113391 dated 30.9.2005

          4^th installment of Rs.14000/- through cheque No.113392 dated 30.10.2005  respectively.   Further the contention of the opposite parties is that the complainant has not complied the terms of settlement the complainant had withdrawn the cheque dated 30.9.2005 being dishonoured.   Further the contention of the opposite parties is that the auto debit of Rs.13470/- on 10.7.2006 and Rs.7100/- on 9.2.2007 from the complainant without any instruction is absolutely false.  The opposite parties as goodwill & gesture reversed the debit in part and debited a sum of Rs.7100/- on 9.2.2007 from the complainant; but there is no record.    But on a careful perusal of entire records it is seen that after the arrival for the settlement of credit card amount for a sum of Rs.58000/- the opposite parties collected

2.8.2005    -  Rs.16000/-

30.8.2005  -  Rs.14,000/-

17.10.2005 -  Rs. 3000/-

30.10.2005 -  Rs.14,000/-

9.2.2006    -  Rs.5,000/-

10.7.2006  -  Rs.13,470/-

9.2.2007    -  Rs.7,100/-      

               

Total amount Rs.72,570/-

                

Proves that the opposite parties collected a sum of Rs.14,570/- excessively.  Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to  refund a sum of Rs.14570/- with interest at the rate of 9% p.a. from the date of this complaint i.e. 20.3.2007  to till the date of this order i.e. 23.2.2018 and also shall pay compensation of Rs.5,000/-  for mental agony  with cost of Rs.5,000/- and the points are answered accordingly.

          In the result the complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to  refund a sum of Rs.14570/- (Rupees Fourteen thousand five hundred and seventy only)  with interest at the rate of 9% p.a. from the date of this complaint i.e. 20.3.2007  to till the date of this order i.e. 23.2.2018 and also shall pay compensation of Rs.5,000/- (Rupees Five thousand only)  for mental agony  with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  23^rd  day of February 2018. 

 

MEMBER –I                       MEMBER-II                              PRESIDNET.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1- 1.7.2005 to 30.9.05   -Copy of statement of account

Ex.A2- 1.10.05 to 31.12.2005 – Copy of statement of account.

Ex.A3- 2.8.2005                  - Copy of receipt.

Ex.A4- 2.8.2005                  - Copy of receipt.

Ex.A5- 2.8.2005                  - Copy of receipt.

Ex.A6- 2.8.2005                  - Copy of receipt.

Ex.A7- 20.8.2005                - Copy of letter of settlement

Ex.A8- 17.10.2005               - Copy of receipt

Ex.A9- 9.2.2006                  - Copy of receipt

Ex.A10- 12.7.2006               - Copy of ATM slip

Ex.A11- 29.1.2007               - Copy of notice.

Ex.A12                             - Copy of statement of account.

Ex.A13-                           - Copy of statement of account.

Ex.A14-                        - Copy of statement of account.  

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1-                            - Copy of application and declaration form

Ex.B2-                           - Copy of statement of account.

Ex.B3-                             - Copy of statement of account

 

MEMBER –I                       MEMBER-II                              PRESIDNET.