DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 159/2011
Sh. Atul Gupta
S/o Sh. R.K. Gupta,
R/o 83, Adhchini,
Mehrauli Road, New Delhi – 17. ……Complainant
Versus
1. M/s ICICI Bank Ltd.
Through its Branch Manager
Branch Saket, New Delhi-110017.
2. M/s ICICI Bank Ltd.
Through its Managing Director/
Director (Operations)
Registered Office at:
Landmark, Race Course Circle,
Vadodara 390 007, Gujrat. ……Opposite Parties
Date of Institution : 09.05.2011
Date of Order : 30.11.2015
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Complainant’s case, in nutshell, is that he had taken a credit card facility vide credit card No. 377041385354005 from the OPs; that at the time of applying for the credit card facility the complainant had agreed to abide by the terms and conditions governing the usage of credit card facility; that the credit card statement of account dated 19.7.2008 reflected that an amount of Rs. 22,070/- was in the credit of the complainant and as such he was not liable to make any payment; that the complainant got the statement verified at his end and found that he had to pay a sum of Rs. 7880/- to the OPs; that accordingly he made a call to the Customer Care Cell (Credit Card) of OP-2 and asked for a rectified statement of his credit card so that he could discharge his liability. However, instead of issuing corrected statement against the incorrect statement of July 2008, OP-2 issued statement dated 19.8.2008 where an amount of Rs. 30,045/- was auto debited and claimed service tax to the tune of Rs. 818.65p and service tax on interest @ Rs. 101.19 against the said credit card; that the complainant contacted the Customer Care Cell once again and apprised them that the alleged interest and service tax had been levied on him without issuing a corrected statement of account. The Customer Care Cell assured the complainant that the mistake would be rectified soon and he could make the payment of the purchases reflected and not the interest and service tax as reflected in the statement of account and accordingly the complainant made the payments. However, neither any corrected or amended statement was issued by the OP-1 nor did it desist from claiming interest and service tax on the alleged delay in clearing the bill. It is inter-alia stated that on 18.12.2009 a sum of Rs. 9489.35p was debited from the current account No. 017105003766 of his firm M/s A.S. Industries being run by Saket Branch of OP-2 which resulted in dishonouring of a cheque issued by the firm to a third party. The OP-2 did further wrong by debiting bank charges of Rs. 386/- against the dishonoured cheque. Despite the correspondence having taken place between the complainant and the OPs, the OPs did not make the correction and vide letter dated 18.12.2009 received on 01.01.2010, OP-2 created a lien of Rs. 9,489.35 on the saving bank account of his firm toward unpaid credit card dues and coerced him to make the payment of Rs. 9489/- for the act of commission and omission committed by the OPs and breached the contract. Therefore, pleading deficiency in service, unfair trade practice and cheating on the part of the OPs, complainant has filed the present complaint with the following prayers:
- The Opposite Parties be directed to make a payment of Rs. 9489/- (Rs. Nine Thousand Four Hundred Eighty Nine Only) towards the amount wrongly debited by the Opposite Parties from the current Account of Complainant’s firm M/s A S Industries (A proprietary concern);
- Further direct the Opposite Parties to pay a sum of Rs. 2,00,000/- (Rupees Two Lac only) towards loss of business due to wrongful due to wrongful debit which resulted in dishonor of cheque issued by Complainant to third party;
- Further direct the Opposite Parties to refund a sum of Rs. 386/- i.e. Bank Charges debited from the account of complainant’s firm namely M/s A S Industries (a proprietary concern);
- Further direct the Opposite Parties to pay a sum of Rs. 2,50,000/- (Rupees Two Lac Fifty Thousand only) towards mental harassment, agony caused by the deficient and unfair trade practices of the opposite parties.
- Further direct the Opposite Parties to pay a sum of Rs. 22,000/- (Rupees Twenty Two Thousand only) towards the fee paid to the counsel engaged for the present case.
OPs have been proceeded exparte vide order dated 16.12.2011 passed by our predecessors.
Complainant has filed his affidavit in evidence and has also filed the copies Ex. CW1/1 to Ex. CW1/11. He has also filed written arguments.
We have heard the counsel for Complainant and have also carefully gone through the record.
According to the complainant himself, at the time of applying for the credit card facility he had agreed to abide by the terms and conditions governing the usage of credit card facility. He has not filed the copy of terms and conditions governing the credit card in question. However, according to him, the copy of the reply dated 18.12.09 received by him from the OPs on 1.1.10 is Ex. CW1/8. The relevant portion of the said letter reads as under:
“While obtaining the aforesaid Credit Card facility you have covenanted and agreed to all the terms and conditions in the Credit Card facility including using of the cards as per the banking norms, amongst other, payment of the Credit Card bills as and when the same became due. However, you have failed and neglected to honour your own commitments and evaded the payment of the amount standing due in your aforesaid Credit Card Account.
We would like to inform you that despite sufficient time and opportunity, you had failed and neglected to clear your outstanding dues under above said credit card facility, which were payable on demand. We also write to inform you that you have also not responded to the intimations given to you and also, not contactable on the numbers available with us. Due to which, there has been accumulation of huge amount standing due in your credit card account owing to default on your part to regularize the Credit Card account and the same has been remained unpaid since long time.
Therefore, as per the terms and conditions governing usage of credit card facility as more particularly mentioned in Welcome Booklet, the Bank has duly exercised the rights and powers available to us and the relevant extract from the terms and conditions is set forth hereunder for your ready reference.
“In addition to the general right to set off or other right conferred by law or under any other agreement, ICICI Bank may, without notice, combine or consolidate the standing balance on the Card Account with any other account(s) which the Card Member maintains with ICICI Lombard Bank and its Group Companies, and set-off or transfer money standing to the credit of such other account(s) in or towards the satisfaction of the Card-Member’s liability to ICICI Bank under his/her Card Account.”
We may further bring to your kind attention that ICICI Lombard Bank has a bankers’ lien on your account as statutorily granted and available to any banker including ICICI Bank and the same right to lien has been exercised by our bank while marking lien on your saving bank account to the extent of any outstanding amount due on the Credit Card.
We have therefore exercised the right of banker’s lien whereby our bank has put lien/charge over your Saving Bank Account No. 017105003766 towards unpaid credit card dues.”
Therefore, under the terms and conditions governing usage of the credit card in question the OPs acted within the four corners of the contract and, hence, did not commit any deficiency in service. We hold accordingly.
In view of the above discussion, we do not find any merit in the complaint and dismiss it with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 30.11.15.
(NAINA BAKSHI) (N.K. GOEL)
MEMBER PRESIDENT
30.11.2015
Present – None
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
