Tamil Nadu

South Chennai

130/2008

J.Chandrasekaran - Complainant(s)

Versus

ICICI Bank Ltd - Opp.Party(s)

M/s.Sathish Parasaran

05 Jul 2018

ORDER

                                                                        Date of Filing  : 04.04.2008

                                                                          Date of Order : 03.07.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.130/2008

DATED THIS TUESDAY THE 03^RD DAY OF JULY 2018

                                 

J. Chandrasekaran,

No.29/12, Mundakanni Amman Koil Street,

Mylapore,

Chennai – 600 004.                                                 .. Complainant.                                       

 

                ..Versus..

 

The Manager – Savings Bank Account,

M/s. ICICI Bank Ltd.,

Basullah Road Branch,

T. Nagar,

Chennai – 600 017.                                                 ..  Opposite party.

          

Counsel for complainant       :  M/s. Satish Parasaran & others

Counsel for opposite party   :  M/s. S. Namasivayam & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.28,689/- towards the cost of instrument, to pay a sum of Rs.2,00,000/- towards compensation for mental agony to the complainant.

 

1.    The averments of the complaint in brief are as follows:

The complainant submits that he is having a credit card bearing No.4477 4740 6997 3009 with a credit limit of Rs.50,000/- and Savings Bank account.  On 16.02.2008, the complainant purchased articles to the value of Rs.28,689/- and issued a cheque bearing No.183442.   On the same day, the complainant deposited 3 cheques for Rs.45,000/- drawn on Andra Bank, Rs.20,000/- and Rs.25,000/- respectively drawn on Indian Overseas Bank totalling the balance of Rs.1,15,000/-.  The opposite party dishonoured the cheque issued towards the purchase of articles caused great mental agony since the closing balance of the complainant’s account was Rs.1,15,000/-.   The opposite party not only dishonoured the cheque, but after 3 days sent a credit card statement.  Hence the complainant issued notice and letters to the opposite party.  But the opposite party has not responded properly.   The act of the opposite party caused great mental agony to the complainant.   Hence the complaint is filed.

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainant has the credit card facility and Savings Bank a/c.  On 16.02.2008, the complainant deposited 3 cheques and the said deposits was duly entered into the statement of accounts subject to realisation. On the same day, the complainant purchased articles worth Rs.28,689/- and issued a cheque for the same.  While clearing the cheque, the credit balance of the complainant is only of Rs.20,000/-.  Hence the opposite party rightly dishonoured the cheque with an endorsement as ‘funds insufficient’.  There is no deficiency in service on the part of the opposite party.  Therefore, the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Proof affidavit of the opposite party filed and documents Ex.B1 & Ex.B2 are filed and marked on the side of the opposite party.

4.     The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.28,689/- towards the cost of instrument as prayed for?

2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

5.     On point:-

Both parties filed their respective written arguments.  Heard the opposite party’s Counsel also.  Perused the records namely the compliant, written version, proof affidavits, document etc.  The complainant pleaded and contended that he is having a credit card bearing No.4477 4740 6997 3009 with a credit limit of Rs.50,000/- and SB account is admitted.  On 16.02.2008, the complainant purchased articles to the value of Rs.28,689/- and issued a cheque bearing No.183442.   On the same day, the complainant deposited 3 cheques for Rs.45,000/- drawn on Andra Bank, Rs.20,000/- and Rs.25,000/- respectively drawn on Indian Overseas Bank as per Ex.A2 totalling the balance of Rs.1,15,000/-.  The opposite party returned and dishonoured the cheque issued towards the purchase of articles caused great mental agony since the closing balance of the complainant’s account as per Ex.A2 is Rs.1,15,000/- proves the deficiency in service.   The opposite party not only dishonoured the cheque, but after 3 days sent credit card statement as per Ex.A1.  Hence the complainant issued notice and letters Ex.A3 to Ex.A6.  But the opposite party has not responded properly.  Hence the complainant was constrained to file this case for the refund of the cheque amount with compensation of Rs.2,00,000/-.  But the complainant has not substantiated the claim of compensation in the manner known to law. 

6.     The contention of the opposite party is that admittedly, the complainant has the credit card facility and Savings Bank a/c.  On 16.02.2008, the complainant deposited 3 cheques and the said deposit was duly entered into the statement of accounts subject to realisation. On the same day, the complainant purchased articles worth Rs.28,689/- and issued a cheque for the same.  While clearing the cheque, the credit balance of the complainant is only Rs.20,000/- which is seen from Ex.B2.  Hence the opposite party rightly dishonoured the cheque with an endorsement as ‘funds insufficient’.  There is no deficiency in service on the part of the opposite party.  The claim of the complainant is arbitrary and imaginary.  Considering the facts and circumstances of the case the complaint has to be dismissed.       In the result, the complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of July 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	01.03.2008	Copy of ICICI Bank Credit Card Statement for the period from 28.01.2008 to 29.02.2008
Ex.A2	12.03.2008	Copy of ICICI Bank Statement downloaded from the website of the opposite party
Ex.A3	14.03.2008	Copy of E-mail sent to the Customer Care of ICICI Bank (Credit Cards) by the complainant
Ex.A4	24.03.2008	Copy of Email sent to the Customer Care of ICICI Bank (Credit Cards) by the  complainant
Ex.A5	24.03.2008	Copy of letter issued by the complainant to opposite party bank
Ex.A6	05.04.2008	Copy of E-mail by the Customer Care of ICICI Bank (Credit Cards) to the complainant
Ex.A7	26.06.2008	Copy of bank statement of the complainant from the account of the opposite party bank
Ex.A8	09.09.2008	Copy of letter sent by the complainant to opposite party bank
Ex.A9	07.10.2008	Copy of letter by the complainant to Post Master, T. Nagar, Chennai – 600 017.

 

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1	19.01.2006	Copy of Power of Attorney
Ex.B2	27.08.2008	Copy of Account Ledger Inquiry

 

 

MEMBER –I                                                                      PRESIDENT