Tamil Nadu

South Chennai

CC/307/2005

S.Sermakani - Complainant(s)

Versus

ICICI Bank Ltd - Opp.Party(s)

A.Raveechandran

09 Oct 2017

ORDER

                                                                        Date of Filing :   23.05.2005

                                                                        Date of Order :   09.10.2017

DISTRICT CONSUMER DISPUTE 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

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.307/2005

MONDAY THIS 9^TH DAY OF OCTOBER 2017

Mr. S. Sermakani,

S/o. Late R.Seeni Nadar,

No.4/697, First Street,

Mahalakshmi Nagar,

Redhills, Chennai 600 052.                             .. Complainant

                                        ..Vs..

The General Manager –

Credit Card Division,

ICICI Bank Limited,

No.1, Cenatoph Road,

Teynampet,

Chennai 600 018.                                          .. Opposite party.

 

Counsel for Complainant           :   M/s. A. Raveechandran          

Counsel for opposite party        :   M/s. V.V.Giridhar & another    

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 seeking direction to pay a sum of Rs.10,000/- towards mental agony with interest and also to pay cost of the complaint.

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

           The complainant submit that  he has availed a credit card from the opposite party vide No.4477460079586008 dated 23.2.2001 with the limit of Rs.31,000/- and cash withdrawal limit of Rs.9300/-.  The opposite party also issued an additional card No.4477468058263000 the complainant’s wife namely Mrs.Malika.  The complainant further state that since the Malika not used the additional credit card addressed a letter dated 29.4.2004 to the opposite party for cancellation and the credit care also damaged and dropped in to the ATM box.    While so the complainant received a statement of account for the period 1.3.2004 to 20.3.2005.  claiming a sum of Rs.826.50 towards service charges and annual fees.   Since the complainant has not used the additional credit card.  The claim of service charges and other charges by the opposite party cannot be permitted.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the  opposite party is  as follows:

      The  opposite party deny each and every allegations except those that are specifically admitted herein.   The opposite party state that admittedly the credit card facility availed by the complainant and his wife, additional credit card facility also granted to the complainant’s wife Mrs. Mallika.  The opposite party also state that M/s. Mallika has not used the additional credit card for long time.  As per the system a bill has been generated for a sum of Rs.826.50.  The complainant has not paid any amount as per the bill.  Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A6 marked.  Proof affidavit of opposite party filed and no documents marked on the side of the  opposite party.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.10,000/- towards mental agony with interest as prayed for ?

 

5. ON POINT :-

        The  complainant has not filed any written arguments and has not turned up to advance any oral arguments also.  The complainant pleaded in the complaint and the proof affidavit that he has availed a credit card from the opposite party vide No.4477460079586008 dated 23.2.2001 with the limit of Rs.31,000/- and cash withdrawal limit of Rs.9300/-.  The opposite party also issued an additional car No.4477468058263000 the complainant’s wife namely Mrs. Malika are admitted.  The complainant further pleaded that since the Malika not used the additional credit card addressed a letter dated 29.4.2004 to the opposite party for cancellation and the credit care also damaged and dropped in to the ATM box.    While so the complainant received a statement of account Ex.A3 for the period 1.3.2004 to 20.3.2005.  claiming a sum of Rs.826.50 towards service charges and annual fees.   Since the complainant has not used the additional credit card.  The claim of service charges and other charges by the opposite party cannot be permitted.  Such false claim caused serious mental agony.  The complainant is claiming a sum of Rs.10,000/- towards mental agony and deficiency of service. 

6.     The learned counsel for the opposite party contended that admittedly the credit card facility availed by the complainant and his wife, additional credit card facility also granted to the complainant’s wife Mrs. Mallika.  It is also admitted that M/s. Mallika has not used the additional credit card for long time.  As per the system a bill has been generated for a sum of Rs.826.50.  The complainant has not paid any amount as per the bill. Claiming such huge compensation without payment of any amount is unsustainable.    But the complainant has not proved the alleged mental agony and loss of reputation  by way of proper evidence.   Considering the facts and circumstances of the case this forum is of the considered view that the  complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

            In the result the complaint is dismissed.  No cost

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 9^th day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 1.3.2004    - Copy of letter from the opposite party to the complainant.

Ex.A2-         -       - Copy of letter from the complainant to the opp. party.

Ex.A3- 20.3.2005  - Copy of Credit card statement.

Ex.A4- 29.4.2004  - Copy of letter from the complainant to the opp.party.

Ex.A5- 1.4.2005    - Copy of Statutory legal notice.

Ex.A6- 6.4.2005    - Copy of Ack. Card.

Opposite party’s side document: -   

..Nil..

  

MEMBER-I                        MEMBER-II                             PRESIDENT.