<br /> COMPLAINT FILED: 27.02.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 01st APRIL 2009<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.491/2009<br /> <br /> <br /> COMPLAINANT Sri.Ashok Kumar SS/o Shivalingappa,Aged about 47 years,R/o Swayamprabha Kalyanamantapa,127/3, Cauvery Nagar,Police Station Road,Bangalore – 560 079.Advocate – Sri.R.S.RaviV/s.<br /> OPPOSITE PARTIES 1. ICICI Bank Limited,Mytree Centre, 4/10,1st Floor, West Wing,Bommanahalli Hosur Road,Bangalore – 560 068.Rep. by its Authorized signatory.2. ICICI Bank Limited,MD. Illyas Khan Estate,5th Floor, No.1, Banjarahills,Above Music World,Hyderabad – 500 034.Rep. by its Nodal Officer.<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to redeem the reward points of Rs.26,119/- and adjust the same towards the amount in due and pay compensation and renew the credit card and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant availed the credit card facility from OP in the month of March 2007 along with the other benefits. OP promised that under the scheme known as ICIC Bank Express Reward Program every customer can earn 10 reward points for every Rs.200/- spent. Complainant was using the said credit card since April 2007 and he is prompt in making payment of the amount in due. Complainant accrued nearly 26119 reward points then requested OP to take into account of the said reward point which is equal to Rs.1/- to each point towards the out standing due. It was not considered, several times complainant made correspondence. Again there was no response. When complainant checked his S.B account OP instead of adjusting the amount in due earned by way of reward points debited the out standing due from his S.B account which is unjust. Complainant made request to OP to waive of the interest. Again there was no response. Thus complainant felt deficiency in service on the part of the OP. The highhandedness of the OP in debiting Rs.8,747/- from his S.B account is improper. In addition to that OP has blocked the credit card since April 2008. Hence complainant for no fault of his is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On admission and registration of the complaint, notices were sent to the OP. Though OP is duly served with the notice remained absent without any sufficient reason or cause. The absence of the OP does not appear to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that he availed credit card facility from OP in the month of March 2007. OP floated a scheme known as ICIC Bank Express Reward Program wherein customer used to earn 10 reward points for every Rs.200/- spent transacted through the said credit card. A brochure and the proceedings in that regard are produced. Complainant used the said credit card for one year. Up to April 2007 he was prompt in making payment of the amount in due in usage of the credit card. OP is expected to reward the points. According to complainant he earned nearly 26119 rewards points each point carry Rs.1/-, so he is expecting Rs.26119/- from the OP.<br /> <br /> 5. Complainant requested the OP to adjust the amount towards the out standing amount in due but no such steps are taken. OP insisted him to open the savings accounts. Complainant opened the savings account then also that reward point amount is not credited his account. On the other hand OP with all highhandedness debited a sum of Rs.8,747/- from the S.B account of the complainant towards the interest on the amount in due which is unjust. Complainant made several correspondence and wrote letters to OP. There was no response.<br /> <br /> 6. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. It is a quality of evidence that is more important than that of the quantity. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant. With all that OP under the guise of non payment of the interest towards the usage of the card, have blocked credit card of the complainant since April 2008. Naturally this unilateral act of the OP must have caused both mental agony and financial loss.<br /> <br /> 7. Having considered the facts and circumstances of the case, we are satisfied that the complainant is able to prove the deficiency in service on the part of the OP. Though OP is liable to pay the amount with regard to the reward points accrued by the complainant as per their own program and scheme they failed to discharge their obligation. On the other hand debited certain amount from the S.B account of the complainant towards interest accrued on the out standing dues. All these acts and deeds of the OP amounts to deficiency in service. Under such circumstances we find it is a fit case wherein complainant deserves certain relief. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to redeem the reward points worth of Rs.26,119/- and adjust the same towards the amount in due by the complainant with regard to the credit card in question and pay a compensation of Rs.2,000/-, litigation cost of Rs.500/-. This order is to be complied within four weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 01st day of April 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> Vln* <br /> <br /> <br /> <br />