Complainant through Lrd. Adv. Harsule

Opponent through M/S M. V. Kini & Co.

Per : Mr. V. P. Utpat, President              Place   :  PUNE

                                    J U D G M E N T 

                                       04/07/2014                                                                                                

          This complaint is filed by the consumer against the bank for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant is a practicing Advocate, residing at Saraswati Nagar Society, Dhankawadi, Pune – 43.  The opponent no. 1 is a branch office of ICICI bank and the opponent no. 2 is the Credit Card Department of the said bank.  Both offices are situated at Pune at Bhandarkar Road, Pune.  It is the case of the complainant that, the complainant was using credit card no. 4477 4685 7713 2009, which is issued by the opponent.  The card was valid up to Oct. 2010.  The complainant has already returned the credit to the opponent.  He was regularly paying amounts as regards the transactions of credit card.  However, the opponent had wrongly debited certain amount in his account of credit card during the period of 24/09/2008 to 5/10/2008.  An amount of Rs. 14,893.67 were debited from his account till Oct.2008.  He had paid an amount 5,000/- by issuing cheque on 31/10/2008.  According to the complainant, the opponent has over charged certain amounts.  On 25/11/2008, he had closed the transaction of credit card by issuing cheque of Rs. 15,246/-.  But still the opponent has not issued the ‘Card Closure Certificate’ and ‘No Dues Certificate’.  Again the complainant had received card closing application along with cheque of Rs. 15,246/-, which was sent by him.  On 11/12/2008 again the complainant sent card closure application in the drop box of the opponent and also sent one copy of the same application along with original card and add on card, by cutting it in two pieces as instructed by the representative of the opponent.  However, the opponent has not stopped from debiting amount from the account of the complainant.  The opponent offered the complainant to settle the dispute, for which the complainant has required to pay an amount of Rs. 10,000/-.  On 17/09/2010, the opponent informed the complainant for payment of Rs. 20,138.35.  After receiving the payment of Rs. 15,246/-, the opponent bank ceased to demand amount from the complainant.  It is the case of the complainant that the opponent has harassed him by demanding money, which was not due for the period of more than 37 weeks.  Hence, he has claimed compensation of Rs. 1,00,000/- and ‘No Dues Certificate’ and ‘Card Closure Certificate’.

2]      The opponent resisted the complaint by filing written version, in which it has denied the contents of the complaint as regards deficiency in service.  According to the opponent, the complainant had not lodged the complaint in proper manner.  After receiving the statement, he had not communicated the opponent properly.  As he has not lodged the complaint about alleged disputed transaction with the opponent, he is not entitled for any relief.  The opponent has already issued ‘No Objection Certificate’ along with statement of account with ‘Nil’ balance.  The opponent has also stopped to issue any demand notice.  As there is no cause of action remained, this complaint is liable to be dismissed.

3]      After scrutinizing the documentary evidence, which is produced before this Forum, hearing the arguments of both the counsels and considering pleadings, the following points arise for the determination of the Forum. The points, findings and the reasons thereon are as follows-

REASONS    :-

4]      The learned Advocate for the complainant argued that, it reveals from the statement of account supplied by the opponent, that the opponent had wrongly debited certain amounts in his account and pressurized the complainant to pay the said amount.  Even though, the complainant has submitted application for closure of the transaction of credit card along with cheque, the opponent has not considered that application and did not stop demanding the charges from the complainant.  The learned Advocate for the opponent argued that the opponent had already issued ‘No Dues Certificate’ to the complainant along with statement showing ‘zero’ balance.  No cause of action remained and the complaint is liable to be dismissed.  It reveals from the record that ‘No Dues Certificate’ and the statement of account showing ‘zero’ balance has been issued to the complainant long back.  Still the complainant is not withdrawing the said complaint.  The learned Advocate for the opponent argued before this Forum that, as the cause of action does not survive, the complaint is liable to be dismissed.  In that context, he has placed reliance upon the judgment of Hon’ble National Consumer Disputes Redressal Commission between “I. D. B. I Bank V/S Subhash Shah” in Revision Petition No. 4797 of 2012.  In this Ruling it has been observed as follows,

“Once the respondent received process    fee in    full and final satisfaction, he should have withdrawn complaint as assured and he was not entitled to receive any interest on that amount as well compensation and cost as  apparently there was no deficiency on the

part of the petitioner.  Learned District Forum committed error in allowing complaint and granting interest, compensation and cost and learned State Commission also committed error in dismissing appeal in limine, which is  liable to be set aside.”

As it is observed by Hon’ble National Commission that when the complainant has received process fee in full and final satisfaction, he should have withdrawn the complaint.  In the present proceeding also the complainant has already received ‘No Dues Certificate’  and statement of account showing ‘zero’ balance, he should have withdrawn the complaint and he is not entitled for interest of compensation as well as costs.  In the light of the observations made by Hon’ble National Commission, this Forum is of the opinion that the complaint deserves to be dismissed.  In the result, this Forum answer the points accordingly and pass the following order.

                            O R D E R 

1. The complaint is dismissed with no

order as to the costs.

                   2.       Copies of this order be furnished to

the parties free of cost.

3.       Parties  are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.