DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 261 of 5-06-2012
Decided on 25-09-2012
Ram Babu, aged about 57 years, Prop. of M/s Ram Babu & Sons, Opposite Jeet Palace, Barnala Bye Pass, Bathinda.
........Complainant
Versus
ICICI Bank Ltd., Bibiwala Road, Near Clock Tower, Bathinda, through its Branch Head/Branch Manager/Authorized Signatory.
ICICI Bank Ltd., Head Office: ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400 051, India, through its M.D./Chairman.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Ms. Gurleen Kaur, counsel for the complainant.
For Opposite parties: Sh.Sanjay Goyal, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is sole proprietor of M/s Ram Babu & Sons and was/is having its bank account No.6590055000005 with the opposite party No.1 at Bathinda. In the year 2000-01, the officials of the opposite parties issued credit card No.5176350170392009 without his demand, but on hearing about the misuse and the excessive charges, which the bankers used to burdened its customers, the complainant never utilized the aforesaid credit card nor he made any purchase nor withdrew any amount nor he ever handedover the same to any person (the complainant even has not activated his aforesaid credit card for any purpose) and rather he returned the same to the officials of the opposite party No.1 and the concerned officials of the opposite party No.1 assured the complainant that the said credit card shall be deactivated/destroyed at their end and that since he has not used the same, nothing is due against him and the opposite parties obtained the signatures of the complainant on various blank papers on the pretext that the same are required for getting the credit card facility cancelled. Although the complainant never utilized the aforesaid credit card and has returned the same to the officials of the opposite parties long back, yet the opposite parties after a lapse of about more than 11 years, started sending vague letters. Firstly they sent letter dated 21.3.2012 whereby they conveyed the complainant that an amount of Rs.25,532.07 is due against him on account of ICICI Bank Credit Card facility and that they have created lien on the aforesaid bank of his account and threatened him to clear the due, failing which the aforesaid outstanding amount shall be debited in the aforesaid bank account of the complainant. On the receipt of the said letter, the complainant approached the opposite party No.1 and they started postponing the matter one or the other pretext. Thereafter, the opposite parties sent letter dated 30.3.2012, whereby they conveyed the complainant that the aforesaid amount of Rs.25,532.07 has been debited from his account. The complainant got issued a legal notice dated 31.3.2012 but again to no effect. Hence the complainant has filed the present complaint for seeking the directions to the opposite parties to re-credit Rs.25,532.07/- in his account alongwith 18% p.a interest, cost and compensation.
2. The notice was issued to the opposite parties. The opposite parties after appearing before this forum have filed their joint written statement and pleaded that the complaint is not maintainable as only remedy available to the complainant is to file civil suit for damages/compensation. Moreover M/s Ram Babu and sons is a commercial establishment and credit card was issued for commercial use as such the present complaint is not maintainable under the 'Act'. The complainant himself has received the credit card from bank and signed on the credit card application form etc. and now he has intentionally denied the same and the opposite parties denied that the complainant was directed to produce the receipt regarding the return of the credit card to the officials of bank. The demand raised by the bank is legal and valid. The lien was rightly marked by the bank on the account of the complainant.
3. The parties have led their evidence in support of their respective pleadings.
4. Arguments heard. The record alongwith written submissions submitted by the parties perused.
5. The contention of the complainant is that in the year 2000-01, the complainant has been issued a credit card No.5176350170392009 by the opposite parties without his demand/ request and he never utilized the said credit card. He neither made any purchase nor withdrew any amount nor handedover the same to any person nor activated it for any purpose rather he returned the same to the officials of the opposite party No.1 and the concerned officials of the opposite party No.1 assured him that the said credit card shall be deactivated/destroyed at their end. Since the complainant has not used the said credit card, nothing is due against him and the opposite party No.1 obtained his signatures on various blank papers on the pretext that the same are required for getting the credit card facility cancelled but to the utter surprise of the complainant that after the lapse of about more than 11 years, the opposite parties had sent the letter dated 21.3.2012 raising a demand of Rs.25,532.07 being due against him on account of ICICI Bank Credit Card and they have created lien on his aforesaid bank account and threatened to clear the due failing which the aforesaid outstanding amount shall be debited from his account. On the receipt of the said letter, the complainant approached the opposite party No.1 and told that he has never activated the said credit card and requested to withdraw the demand but the opposite parties postponed the matter on one or the other pretext. Thereafter, the opposite parties sent letter dated 30.3.2012, whereby they conveyed the complainant that the aforesaid amount of Rs.25,532.07 has been debited by them from his account and will allow him to withdraw the amount from his aforesaid bank account. The complainant got sent a legal notice dated 31.3.2012 but no reply has been given by the opposite parties.
6. The submissions of the opposite parties are that the only remedy available to the complainant is to file the civil suit for damages/compensation. Since M/s Ram Babu and sons is a commercial establishment and credit card was issued for commercial use as such the present complaint is not maintainable as such the complainant is not consumer under the 'Act'. The opposite parties further submitted that the complainant himself has received the credit card from the bank and signed on the credit card application form of the credit card and in reply to para No.3 the opposite parties specifically denied that the complainant was ever directed to produce the receipt regarding the return of the credit card to the officials of bank.
7. The opposite parties sent a latter dated 21.3.2012 vide Ex.C3 to the complainant. In this letter the opposite parties have demanded Rs.25,532.07 from the complainant as outstanding amount in his credit card. The relevant portion of this letter is reproduced:-
“We therefore call upon you to pay us the total outstanding amount of Rs.25,532.07 within 7 days from the date of this letter, failing which, we will be constrained to exercise our right of lien and set off in conformity with the terms and conditions of the card whereby the said lien amount will be adjusted towards the outstanding credit card dues.”
Thereafter again a letter dated 30.3.2012 vide Ex.C4 sent to the complainant in which he was informed:-
“We further state that ICICI Bank has a Bankers' Lien on your account as statutorily granted and available to any bank in accordance with out rights as set forth above. We have exercised the act of Banker's Lien by debiting your ICICI Bank Account 659005500005 for Rs.25,532.07 on the March 30,2012 and have credited the monies towards the outstanding dues on your ICICI Bank Credit Card.”
Thereafter in reply to the legal notice dated 31.3.2012 regarding the credit card, it has been replied by the Customer Service Executive, Sunaina Singh vide Ex.C6:-
“We understand your concern.
We have tried to trace your credit card number. However, we were unable to do so.
We request you to provide us the correct 16-digit credit card number to enable us to expedite a response to your query as the card number provided in the notice is incorrect.”
Thereafter vide Ex.C7, the complainant has written to the Chairman of ICICI Bank Ltd., Bombay that he has asked to send his credit card number, whereas the credit card was issued to him in 2001 and that was issued without any demand or consent and the same was returned to the Branch Manager. This letter was duly received by the opposite parties.
8. To support their version, the opposite parties have placed on file Ex.R3, the application form for credit card, duly signed by the complainant Ram Babu and have also given the declaration vide Ex.R4, the complainant has signed this application on 6.8.2004. The amount of Rs.25,532.07 has shown due against the complainant but no details has been given on the record.
9. If for the arguments sake, the complainant has got the credit card with his own will and has signed Ex.R3 and E.R4 and activated it. The letter issued to the complainant by the opposite parties for the demand of Rs.25,532.07/- does not contain any detail that on what account these are to be charged from him and for how long he has used this amount and what purchases are done by him and so on. No account statement has been placed on file by the opposite parties. Moreover, the opposite parties have failed to bring any evidence on file regarding the usage of the said credit card. The opposite parties have also debited the amount of Rs.25,532.07 from the account of the complainant without any basis. If the complainant has been issued the credit card in year 2001, so why the opposite parties have kept mum for such a long time and did not demand a single penny. If it is believed that the complainant has applied for the credit card in the year 2004 even than the opposite parties did not raise any demand from the complainant from the last 8 years. The demand raised from the complainant for the first time on dated 21.3.2012.
10. Therefore in view of what has been discussed above, the opposite parties has not demanded any amount since the issuance of the credit card. The present demand is raised after a big gap, hence time barred. The allegations of the complainant deems to be true as no details of Rs.25,532.07 has been provided by the opposite parties. Thus there is deficiency in service on the part of the opposite parties, hence this complaint is accepted with Rs.3000/- as cost and compensation and the opposite parties are directed to re-credit the amount of Rs.25,532.07 in the account of the complainant. The compliance of this order be done within 45 days from the date of receipt of the copy of this order.
In case of non compliance the interest @ 9% per annum will yield on the amount of Rs.25,532.07 till re-credit of this amount in the account of the complainant and the interest amount will be paid to the complainant in cash alongwith cost and compensation.
11. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
25-09-2012 Vikramjit Kaur Soni
President
Sukhwinder Kaur
Member
