DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 68 of 15-02-2012
Decided on 24-07-2012
Kulwant Rai Sharma, aged about 47 years, son of Chet Ram son of Siri Ram, resident of H.No.32 Street No.1, Green Avenue, Near Bharat Nagar Bathinda.
........Complainant
Versus
ICICI Bank Limited, Registered Office: Samrat Complex, OPP K.W. Marg, Near Adarsh Nagar, Andheri West C, Mumbai-400053, through it's Managing Director.
Branch Manager, ICICI Bank Limited, Bibiwala Road, Bathinda.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh. Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh. Sanjay Goyal counsel for the complainant.
For Opposite parties: Sh. Sanjay Goyal counsel for opposite party No.2.
Opposite party No.1 already ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the agent of the opposite parties contacted the complainant in the month of December 2004 and told that they provide various lucrative services and one of the scheme launched by them is of credit card facility to withdraw money upto the limit of Rs.1,00,000/- at any time during the four years validity period of the card. He was further told that after the expiry of card, the new card can be got issued on the written request of holder alongwith the requisite fee for the same. The complainant being allured by the agent of the opposite parties consented for the issuance of the credit card and the agent of the opposite parties then obtained his signatures on some blank printed and plain papers without disclosing the contents of the same to him for issuance of the credit card. The complainant received the credit card No.4477-4665-4343-2008 in the year 2005 from the opposite parties which was having validity upto December, 2008 with credit limit upto Rs.10,000/- only, although the agent of the opposite parties had told the complainant that an amount upto Rs.1,00,000/- can be withdrawn at any time. The complainant alleged that he never used the credit card issued by the opposite parties and even the credit card was not activated by him and the credit card so issued by the opposite parties to him expired in the month of December, 2008 without any single transaction. The complainant never applied for new card or it's extention nor he ever received any such new credit card from the opposite parties. In the month of November, 2011 the complainant received a telephonic call from the agent of the opposite parties that an amount of Rs.14,000/- is due and recoverable from him and he threatened him that if same be not deposited, the complainant will be involved in a criminal case of cheating and fraud. The complainant then contacted the opposite parties and first requested them that no amount is due against him, but the officials of the opposite parties showed their helplessness in this matter. Thereafter, the complainant regularly started receiving threatening calls from different persons. The complainant out of fear than paid amount of Rs.7,500/- vide receipt No.1201091422 dated 13.1.2012 and another amount of Rs.6,800/- vide receipt No.1201091423 dated 14.1.2012 through their agent namely Davinder Singh. The complainant contacted the opposite party No.2 to know about the transaction as he has never withdrawn the said amount. But the opposite parties failed to give any account statement to the complainant. The complainant felt that he has been cheated by the opposite parties and as such he contacted the police officials, but the police refused to intervene in the matter on the excuse that it is a civil matter and advised him to approach the appropriate authority. The complainant approached the opposite parties and requested them to return the amount so deposited by him alongwith interest @ 18 % p.a in order to compensate the complainant for harassment but the opposite parties had not paid any heed to the request of the complainant. The complainant alleged that he had got signed some blank printed papers by the opposite parties. Hence, the complainant firm has filed the present complaint for seeking the directions of this Forum to the opposite parties to refund the amount of Rs.14,300/- i.e. got deposited from the complainant under threat alongwith cost and compensation.
2. The notice was sent to the opposite parties. The opposite party No.2 has appeared and filed its separate written statement whereas the opposite party No.1 despite service of summons has failed to appear before this Forum. Hence, ex-parte proceedings are taken against the opposite party No.1.
3. The opposite party No.2 has pleaded that the complainant has concealed the material facts that he used the credit card No.4477466543432008 till December, 2008 and has further concealed the fact that the demand notice for recovery of Rs.14,000/- regarding usage of credit card which was used by him till December, 2008 and not regarding any amount after 2008. The complaint is hopelessly time barred as Rs.14,000/- was due towards the complainant and recovery notice was also issued at that time, now the complainant after passing of more than 3 years filed the present complaint. On the request of the complainant he was issued credit card having limit of Rs.13,000/- and was valid till December, 2008. The opposite party No.2 has denied that the complainant has ever signed on blank paper rather he has signed the document after understanding the same. The complainant applied for credit card, his request was received and he signed on credit card application form and he never filed any complaint that his credit limit is less than the promised amount rather he constantly used it for four years. The amount of Rs.14,234.18 was due to be paid by the complainant at the time of expiry of credit card and complainant has been constantly asked by the opposite party No.2 to clear the due amount but complainant has not made the payment and has filed the present complaint. The opposite party No.2 further submitted that the amount due has been recovered in accordance with law and nobody from the opposite party No.2 ever gave any threatening call to the complainant.
4. The parties have led their evidence in support of their respective pleadings.
5. Arguments heard. The record alongwith written submissions submitted by the parties perused.
6. The complainant submitted that the opposite parties allured the complainant that they would provide lucrative services and one of the scheme launched by them is of credit card facility which enable him to withdraw money upto the limit of Rs.1,00,000/- any time during the four years validity period of the card. The credit card was valid for 4 years . The complainant has further pleaded that as per the opposite parties after the expiry of the card, the new card can be got issued on the written request of holder alongwith the requisite fee for the same. The card was issued to the complainant for the validity of 4 years with credit limit upto Rs.10,000/- whereas the agent of the opposite parties had told the complainant that an amount upto Rs.1,00,000/- can be withdrawn at any time. The complainant submitted that he never used the credit card issued by the opposite parties and even the credit card was not activated by him and the credit card so issued by the opposite parties to him expired in the month of December, 2008 without any single transaction and has never applied for new card or it's extention nor he ever received any such new credit card. In the month of November, 2011 the complainant got a telephonic call from the agent of the opposite parties that an amount of Rs.14,000/- is due and recoverable from him and he threatened him that if the amount be not deposited then the complainant will be involved in a criminal case of cheating and fraud. Under the threat the complainant had deposited the amount of Rs.7,500/- vide receipt No.1201091422 dated 13.1.2012 and another amount of Rs.6,800/- vide receipt No.1201091423 dated 14.1.2012 through their agent namely Davinder Singh.
7. The opposite parties have submitted that he has been using the said credit card continuously till its expiry. The complainant has concealed the material fact that demand notice for recovery of Rs.14,000/- regarding usage of credit card which was used by him till December, 2008 and not regarding any amount after 2008 onwards. The recovery notice was also issued to the complainant. He was issued credit card having limit of Rs.13,000/- and the credit card was valid till December, 2008. The said card was issued to the complainant on his request and he has signed on the credit application form and never filed any complaint that his credit limit is less than the promised amount rather he constantly used it for four years. The complainant has to pay the amount due at the time of expiry of credit card and has been consistently asked by the opposite party No.2 to clear the due amount but the complainant has not made the payment instead he has filed the present complaint. The amount due has been recovered in accordance with law and no threatening call has ever been given to the complainant as alleged by him.
8. The demand of Rs. 14,234.18 has been raised on the account of the usage of the above mentioned credit card till December, 2008. The complainant has been continuously using the said credit card but has not deposited the money with the opposite party No.2. Ex.R2 statement dated 23.1.2012 shows that the Previous Balance is Rs.14,234.18, Closing Balance is Rs.6,582/- and Credit Limit is Rs.13000/-. The cash payment received at branch office for Rs.6,800/- on 14.1.2012 and again credit payment received at branch office on 14.1.2012 for Rs. 7,500/-. The second page of Ex.R2 shows that the statement is of 9 April, 2006 and the statement period is 9 April, 2006 to 9 April, 2006 and Payment Due Date is 5 May, 2006, which shows the purchase and other charges of Rs.669.86. At page No.3 statement date is 9th May, 2006, Payment Due Date is 4 June, 2006, Statement Period is 9 May, 2006 to 9 May, 2006 which shows the purchase and other charges of Rs.1049.16 and the Minimum Amount Due is shown as Rs.1390/-. Similarly, from page Nos.4 to 12 of the account statements the total amount due is shown as Rs.14,234.18. The Statement Date is 9.4.2007, Payment Due Date was 4.5.2007. A perusal of the account statement clearly shows that the opposite parties have demanded the amount from the complainant which he has already used through his credit card and has not raised any demand of any usage after year 2008. The complainant not paid the amount to the opposite party No.2 and was still lying due until it was paid on 13.1.2012.
9. Therefore, in view of what has been discussed above, there is no deficiency on the part of the opposite parties. Thus, this complaint fails and hereby dismissed without any order as to cost.
10. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
24-07-2012
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur)
Member
