DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.234/2006
Sh. Rishi Oberoi
R/o N-535, Sector-9,
R. K. Puram, New Delhi-110022 ….Complainant
Versus
1. Branch Manager
ICICI Bank Ltd.
Lajpat Nagar Branch,
New Delhi-110024
2. Branch Manager
ICICI Bank Ltd.
Vasant Vihar Branch,
New Delhi
3. ICICI Bank Limited
having its Regd. Office at:
“Land Mark”
Race Course Circle
Vadodara-390007 ……Opposite Parties
Date of Institution : 01.05.06
Date of Order : 13.05.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
Sh. S. S. Fonia, Member
O R D E R
S. S. Fonia, Member
The case of the Complainant, in short, is that the Complainant was maintaining an account bearing No.4477465006501002 with the OP No.1 and had been availing the facility of credit limit of Rs.64,000/- and cash limit of Rs.192000/-. On 30.03.2004, he reached at the branch of OP No.2 to deposit a sum of Rs.7230/- but as it was holiday due to the occasion of Ramnavami and all the banks were not operational; the guard present at the ATM of OP No.2 advised him to deposit the cash by way of ATM drop box though he was hesitant in dropping the cash in drop box, but on insistence and assurance by the guard that it would be safely transferred on the next day, he deposited the cash of Rs.7230/- in the drop box of ATM. Therefore, he was having no occasion to check about the transaction of 30.03.2004 and it was assumed that the cash had been deposited in his account on that day. It was also clear from the letter dated 10.1.2005 sent by Respondents to the Complainant whereby only a demand of Rs. 3,135.81P was shown overdue and payment of which was demanded by them. Since the use of the Credit Card was not in operation since May, 2005 no amount can be added in the overdue account as the same was not in use. He was shocked and surprised to receive a statement dated 11.04.06 wherein the overdue amount was shown as Rs.53,860/- whereas the Credit Card was never used after May, 2005. The credit statement was not elaborated with the details of overdue amount nor it contained the date and amount as to when and where the same was used. He tried to explain the officials of OPs on telephone but all went in vain. The OPs were unnecessary harassing him for no fault of him. Hence, pleading deficiency in service on the part of OPs the complaint has been filed with the following prayers:-
- Direct the OPs to pay a sum of Rs.50,000/- as compensation for causing harassment to the Complainant and for the deficiency rendered to the Complainant.
OPs in their written statement have inter-alia stated that they are spread all over the country; the Complainant made a request to the OP for credit facility and the same was acceded to and the Credit Card No.447745006501002 was issued to him and the terms and conditions of the Credit Card facilities were given to the Complainant. The card member who utilizes the Credit Card is ultimately liable to pay the bank same amount utilized through Credit Card issued by the OPs. If the card member fails and neglects to pay the overdue amount by the due date the card member is liable to pay interest and other charges on the said amount. On 11.04.06 there was an outstanding amount of Rs.53860/- due and payable by the Complainant but he was not ready or willing to pay the outstanding dues to the OPs. They gave sufficient time and opportunities to the Complainant to clear the outstanding dues but the Complainant failed to do so. The allegations made by the Complainant that he had deposited Rs.7230/- at the ATM of OPs is false, concocted as the cash deposited was not reflecting in the statement and he had not raised any dispute. It is stated that “as alleged by the complainant that by letter dated 10.1.2005 the respondent only raised a demand of Rs.3,135.81p as overdue is wrong and incorrect. It pertinent to mention here that the above mentioned letter dated Jan 10, 2005, sent to complainant was an automatically generated letter by Bank’s (Respondent’s) software, which is automatic generated statement and issued to customer to clear their minimum amount due to avoid penalty charges”. The statement dated January, 2005 clearly shows that the total amount of outstanding on the card was Rs.35546.21. The Complainant had at no point of time requested the OPs to close the credit card. It is prayed that the complaint be dismissed.
Complainant has filed rejoinder to the written statement of OPs.
Complainant has filed his own affidavit in evidence while affidavit of Sh. Sanjay Sharma, Law Officer has been filed in evidence on behalf of the OPs.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the OPs and have also gone through the file very carefully.
It is not in dispute that the Complainant had an account bearing No.4477465006501002 and he had the facility of availing credit limit of Rs. 64,000/- and cash limit of Rs. 1,92,000/- with the OP No.1. The OPs have filed a copy of the terms and condition of the Credit Card (copy Annexure-A). Annexure-B relates to the transaction details of the Complainant w.e.f. 10.11.2003 to 9.12.2005.
It transpires from the document Annexure B that the Complainant has not filed any documentary proof that he had deposited an amount of Rs.7230/- at the ATM of OP No. 2 as it is not reflected in the statement of account. The Complainant has also not raised any dispute in respect of an amount of Rs.7230/-. The Complainant also not requested the OPs to close his credit card account as on December, 2005 the outstanding of Rs.53860.96 was recoverable from the Complainant by the OPs. The Complainant has not filed any documentary evidence to show that he had requested the OPs to waive off the interest and other charges. Hence, the Complainant has failed to prove any deficiency in service on the part of OPs. Accordingly, we dismiss the complaint 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 13.05.16.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
Case No. 234/06
13.5.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed. Let the file be consigned to record room.
(S. S. Fonia) (Naina Bakshi) (N. K. Goel)
Member Member President
