In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.236/2008

1)                   Sadabrata Mallick,

Ba-69, Salt Lake, Calcutta-64,

P.S. Bidhannagar (N).                                                                          ---------- Complainant

---Versus---

1)                   ICICI Bank Ltd.

Represented by

The Manager Card Service

ICICI Bank Ltd.

2B, Upper Wood Street,

P.S. Shakespeare Sarani, Kolkata-20.                                                    ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member

                        Smt. Sharmi Basu, Member

Order No.   39    Dated  20/11/2012.

            The petition of complaint has been filed by the complainant Sadabrata Mallick against the o.p. ICICI Bank Ltd. The case of the complainant in short is that the complainant is a credit card holder being card no.4477 4638 09992 5007 over all limit Rs.66,700/-. O.p. in contrary to the RBI guidelines and Fair Practice Code / (RBI / 2005-06/211 DBOD.FSD.BC 49/24.01.011/2005-06) had been to charging service tax, multiple interest changes in charges late fees etc. for which complainant has been compelled to stop the use of aforesaid card and has condemn the same and also has returned to o.p. bank. It is very pertinent to mention here that the service tax which had been charged by o.p. consecutively against use of aforesaid two cards, only can be levied at the time of user of cards and also same has been charged consecutively against the law of taxation and also regarding multiple interest charged arbitrarily which are being charged with an malafide intention to drag money from the customer’s pocket for which the complainant are alike other customer are being deprived 45 days interest free service as committed by o.p. Moreover, o.p. bank has charged interest and other fees even when the said cards were being unused without following the RBI guidelines which are of only embarrassing but also false, imaginary, fictitious and disappointing and complainant is not at all liable to pay off the said concocted bills. Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that the o.p. is at deficiency in discharging functions as per RBI guidelines and as such, this act on the part of o.p. amounts to deficiency in service being a service provider to its consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against o.p. O.p. is directed to charge interest as per RBI guidelines and is further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.