In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 348 / 2010.
1) Sri Sishir Dey,
5, QueensPark Ground Floor, Ballygunge, Kolkata-19. ---------- Complainant
---Versus---
1) ICICI Bank Ltd.,
Registered Office-
Race Course Circle, Vadodara-390007.
And Brach Office (Credit Card)-
2B, Sambhunath Pandit Street (1st Floor), Kolkata-700020. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 23 Dated 28/01/2013.
In a nutshell, the case of the complainant is that complainant had entered into an agreement to take the credit card facility upto maximum limit of Rs.3 lakhs and he has taken credit facility of Rs.2,92,000/- and in exchange of the said amount of Rs.3,50,000/- more or less has been paid by complainant to o.p. and last payment has made on 5.8.10 of Rs.15,480/- in favour of o.p. by chque dt.2.8.10 cheque no.620426.
O.p. is creating endless demand from complainant on 11.2.10 a remind letter (vide Ref.D1/117419/2091/9401) have received by complainant for Rs.40,302.56 and on 8.9.10 another one reminder letter have also received by complainant for Rs.71,175/-. This in addition to the principal amount of Rs.2,92,000/- and interest total amount paid Rs.3,50,000/- (approx).
Complainant on 4.8.10 vide Ref.AKP/2010-11/33 and on 8.9.10 vide Ref. AKP/2010-11/48 two advocate notices have been sent by Mr. Ashim Kr. Pramanick on behalf of complainant to know the detailed statement of accounts.
O.p. have acted in most negligent manner while demanding the details statement of account by complainant and complainant could not accept the demand of o.p. From the month of 11.2.10 when the said reminder letter have received by complainant has been under great mental pressure because of the show the false and malafide statement of accounts of the month of January to February 2010. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Sole o.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them 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 it 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 complainant had entered into an agreement to take a credit card facility to the extent of limit of Rs.3 lakhs. Complainant has taken credit facility of Rs.2,92,000/- and in exchange of the said amount of Rs.3,50,000/- more or less has been paid by complainant to o.p. and last payment was made on 5.8.10 of Rs.15,480/- in favour of o.p. vide cheque dt.2.8.10 no.620426 and o.p. went on demanding endless demand on 11.2.10 and complainant received a reminder letter from o.p. demanding Rs.40,302.56 again on 8.9.10, another reminder by complainant for Rs.71,175/- and this is in addition amount of Rs.2,92,000/- and interest total amount paid of Rs.3,50,000/- and complainant sent two ld. lawyers’ letters on 4.8.10 and 8.9.10 asking for details statement of account, but both the letters of the complainant as aforesaid were returned with postal endorsement refused.
In view of the observation and on perusal of the entire materials on record we are of the opinion that the act on the part of o.p. amounts to deficiency in service in the strictest sense of the term being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to send detail statement of account for the payment from first to last instalments i.e. upto date instalments showing payment by complainant and is further directed to pay a compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
