District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 635/2021.
Date of Institution:07.12.2021.
Date of Order:17.03.2023.
Mrs. Bhavna Yadav, Power of Attorney holder, RPS Savana Sector-88, Tower B-10, Flat NO. 001, Faridabad – 121002.
…….Complainant……..
Versus
1. ICICI Bank Ltd., Sector-16, SCO 104.105, Faridabad, Haryana – 121007.
2. ICICI Bank Ltd., Complaints Department, 7th floor, ICICI Bank Towers, Financial District, Gachibowli, Hyderabad – 500 032.
3. ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara – 390 007, Gujrat, India.
4. ICICI Bank towers, Bandra – Kurla Complex, Mumbai – 400 051.
…Opposite parties.
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. S.S.Yadav counsel for the complainant.
Sh. Sagar Bhatia, counsel for opposite parties Nos. 1 to 4.
MUKESH SHARMA, MEMBER,
ORDER:
The facts in brief of the complaint are that the complainant used credit card of ICICI Bank, card No. xxxx-xxxx-xxxx-3002. The complainant paid all of the due amount, interest and fines in October-21, she did not use this card much. On Saturday 9th of October 2021, complainant bought a Sony product in an offer where she got cashback as per scheme of 12299+2533 (that would be comeback in 90 days) on 6 months EMI offer on ICIUCI credit card. Complainant swiped the card for 61499 rupees, with 6 months interest it was 64033.62 rupees and EMI amount was 10672.27 per month for 6 months. The EMI was successfully registered by ICICI on 12th of October 2021 and all the pending dues were cleared before the EMI was registered. On 15th of November, complainant checked her statement and found that ICICI did the foreclosure for last 5 installments without informing complainant and without her consent. Complainant didn’t want and never requested for the foreclosure. ICICI charged complainant interest Rs.600.93, EMI principal 51544.71, GST 108.17, GST 278.34, total amount due 54078.49 whereas complainant had to only pay for second installment 10672.27. This was the breach of the contract done by opposite party No.1, as per Indian contact Act 1872, opposite party 1 should only charge for Rs10627/-. The breach of the contract done by opposite party No.1, as per Indian Contact Act 1872, opposite party No.1 should only charge for 10627.27 EMI as per offer otherwise bank must be responsible to pay Rs.14832 for cashback cancellation/damages due to bank misconduct/fault/cheating. The credit card was blocked and was blocked till date without an6y prior notice/intimation which resulted in a lot of inconvenience, financial loss and destroyed mental peace of the complainant. ICICI Bank had some concern with complainant that they must
decline the transaction at the time when she swiped the card so she would have used another bank card or opted for different option and offer but they did the big blunder for which complainant would loose cash back of Rs.14382/- due to which ICICI was only responsible for it and they just pay for it too. The complainant sent legal notice dated 09.12.2021 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) pay the damages for cashback of Rs.14832/-.
b) pay Rs. 8,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs. 2,00,000 /-as litigation expenses.
4. revert/restore back CIBIL Score status to October one.
2. Opposite parties put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and not disputed that the transaction of Rs.61,499/- was carried out on credit card No. 3769xxxxxxxx3002 which was converted into and payable in 6 EMI of Rs.10,672/- each per month. It was submitted that due to technical glitch, the aforesaid credit card was closed and pending 5 EMIs were foreclosed. It was submitted that due to foreclosure of EMI, demand for principal EMI amount of Rs.51,544/-, EMI interest of Rs.600.93 on due principal amount of Rs.51,544/-, IGST @ 18% i.e 278.34, GST @ 18% 108.17 and foreclosure charges of Rs.1,546.34 were raised vide statement dated 11th November 2021. It was submitted that there was no deliberate act of closure of aforementioned credit card rather the same was due to technical fault in the system of answering opposite party. It was submitted that the aforementioned credit card was no blocked rather the same was closed which could
not be reopened. The complainant did not make request for issue of new card in place of closed card. It was submitted that that transaction of Rs.61,499/-0 could not be cancelled as the answering opposite party had paid the said amount to the seller/biller i.e. Deepika Enterprises and even on technical fault at the end of answering opposite party, the assured cash back of s.12,299/- ad Rs,2,533/- was given to the complainant. It was submitted that the complainant had paid the outstanding EMI and the answering opposite party also gave assured & agreed cash back of Rs.14,832/- to the complainant. Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– ICICI Bank Ltd with the prayer to: a) pay the damages for cashback of Rs.14832/-. b) pay Rs. 8,00,000/- as compensation for causing mental agony and harassment . c) pay Rs. 2,00,000 /-as litigation expenses. 4.revert/restore back CIBIL Score status to October one.
To establish his case the complainant has led in his evidence, Ex.CW1 – affidavit of Bhavna Yadav, Ex.CW1/1 & CW1/2 – call record, Ex.CW1/3 & CW1/4 – emails, Ex.CW1/5 – bill, Ex.CW1/6 to CW1/9 – statement summary, Ex.CW1/10 to CW1/13 – photos.
On the other hand counsel for the opposite party strongly agitated and opposed. As per the evidence of the opposite party Ex. OPW-1/A – affidavit of
Reena Singh, Deputy Branch Manager, ICICI Bank Ltd., Branch, Sector-16,Faridabad.
6. As per Ex.CW1/5 , the complainant bought a Sony product in an offer where about a cash back offer as per scheme of 12299 + 2533 (that will be comeback in 90 days) on 7 months EMI offer on ICICI credit card. Complainant swiped the card for Rs 61499/- with 6 months interest it was Rs.64033.62 and EMI amount was Rs.10672.27 per month for 6 months. The EMI was successfully registered by ICICI on 12.10.2021 and all the pending dues were cleared before the EMI was registered vide Ex.CW1/8 & CW1/9. ICICI charged complainant interest charges of Rs.600.93. EMI principal of Rs. 51544.71, GST 108.17, GST 278.34. Total amount that was reflecting due was Rs.54078.49 whereas the complainant has to only pay for second installment Rs.10672.27 vide Ex.CW1/9. It is evident from Ex.CW1/5, the bank should have only charged for Rs.10627.27 EMI if offer continue otherwise bank must be responsible to pay Rs.14832 for cash back cancellation/damages due to bank misconduct/cheating.
On the other hand, opposite parties submitted that the transaction of Rs.61,499/- could not be cancelled as the opposite parties had paid the said amount to the seller/biller i.e. Deepika Enterprises and even on technical fault at the end of opposite parties, the assured cash back of Rs.12,299/- and Rs.2533/- was given to the complainant as stated in para No.14 of their written statement as well as their affidavit vide Ex.OPW-1/A.
7. Keeping in view of the above submissions as well evidence led by the parties, the Commission is opinion that deficiency on the part of the opposite parties have been proved. Hence, the complaint is allowed .
a) pay the damages for cash back of Rs.14832/- to the complainant.
b) pay Rs.50,000/- (Rs. Fifty Thousand only) in lumpsum on account of compensation harassment, agony as well as litigation expenses to the complainant. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 17.03.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
