Tamil Nadu

South Chennai

831/2009

M.Kannan - Complainant(s)

Versus

ICICI Bank ,Manager - Opp.Party(s)

N.V.N.Margandeyan

04 Apr 2019

ORDER

                                                                   Date of Filing : 10.09.2009

                                                               Date of Order : 04.04.2019

                                                                     

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.831/2009

DATED THIS THURSDAY THE 04^TH DAY OF APRIL 2019

                                 

M. Kannan,

S/o. Late E. Marghasahayam,

Flat B1, Vishal Shelters,

Plot No.3, Ranga Colony Main Road,

Rajakilpakkam,

Chennai – 600 073.                                                      .. Complainant.                                                  

 

                                                                                           ..Versus..

 

ICICI Bank Ltd.,

Credit Card Division,

Rep. by its Manager,

Having its Regional Office at:-

Eighth Floor, West Wing,

Door No.93, Santhome High Road,

Chennai – 600 028.                                                  ..  Opposite party.

 

Counsel for the complainant     : Mr. N.V.N. Margandeyan

Counsel for the opposite party : M/s. Dev, Sai & Shaffiq Associates

 

 

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 pray to comply with the interest free nine, equated monthly instalments scheme sanctioned to the complainant regarding the aforesaid purchase of LCD Television of Akai Brand and a Washing Machine of Videocon Brand value of Rs.31,500/- as per the Interest Free EMI sale charge slip bearing approval code No.352748 issued by the opposite party, to reverse all the interest and service charges charged to the complainant’s credit card account pertaining to the above purchase of LCD Television of Akai Brand and a Washing Machine of Videocon Brand from the date of aforesaid transaction, to pay a sum of Rs.1,00,000/- towards compensation for mental trauma and to pay a sum of Rs.1,500/- being costs of the legal notice with cost of Rs.25,000/- to the complainant.

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

The complainant submits that on 11.04.2009, he along with his family visited Home Appliances Expo Sale organised by M/s. Jainsons Corporation at Raja Muthiah Hall, Egmore, Chennai. The complainant submits that he purchased a LCD television set of Akai brand and a washing machine of Videocon brand for a total sum of Rs.31,500/-.  While the complainant was paying the said sale price, the opposite party offered interest free EMI Sale for 9 months who is holding the opposite party credit card.  Believing the sweet words of the opposite party’s representative as true and genuine, the complainant had swiped his credit card bearing No.4864103106674012 and was approved by the opposite party while approval code No.352748.  The complainant submits that while checking the credit card, the complainant was shocked to find out from the April month statement that a sum of Rs.31,500/- has been charged as onetime payment on 11.04.2009 rather than equal 9 monthly instalments.  The complainant submits that the opposite party not only debited the sale price but also charged and debited service tax, processing fee, service charges and other charges which is against the Reserve Bank of India guidelines.  Hence, the complainant issued legal notice dated:17.06.2009 for which, the opposite party sent a reply notice dated:26.06.2009 with untenable contentions.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.  The opposite party states that the complainant suppressed the material facts and filed this case claiming huge amount towards compensation which is against the provisions under Section 14 (1) (d) of the Consumer Protection Act.  The opposite party states that the credit card No.4864 1031 0667 4012 was provided to the complainant is an Individual Corporate Gold Credit Card.   That offer was given only for the visa card.  The opposite party submits that the Individual Corporate Gold Credit Card used by the complainant for the purchase at the  Home Appliances Expo Sale are not coming under the purview of EMI option.   The statement generated by the bank for the subsequent month demanded one-time payment as per the credit card rules and regulations.   The opposite party submits that the complainant is liable to pay interest and various charges imposed by the opposite party as per the Reserve Bank of India rules and regulations.  The opposite party states that the compensation is exorbitant and baseless.   Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite party is filed and document Ex.B1 alone is marked on the side of the opposite party. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of the interest collected by the opposite party or reverse the interest and service charges charged by the opposite party for the purchase of LCD TV and washing machine as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, Rs.1,500/- towards the cost of the legal notice with a sum of Rs.25,000/- towards the cost of complaint as prayed for?

5.      On point:-

The written arguments of the opposite party is filed.  Both parties advanced their oral arguments.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that on 11.04.2009, he along with his family visited Home Appliances Expo Sale organised by M/s. Jainsons Corporation at Raja Muthiah Hall, Egmore, Chennai.  Ex.A1 is the opposite party’s interest free EMI Sale Charge Slip.   Further the contention of the complainant is that he purchased a LCD television set of Akai brand and a washing machine of Videocon brand for a total sum of Rs.31,500/-.  While the complainant was paying the said sale price, the opposite party offered interest free EMI Sale for 9 months who is holding the opposite party credit card.  Believing the sweet words of the opposite party’s representative as true and genuine, the complainant had swiped his credit card bearing No.4864103106674012 and was approved by the opposite party while approval code No.352748.  It is seen from Ex.A1 that

                      ICICI Bank

              JAINSONS CORPORATION 9

             NO 336 2A NEW SUNSHINE

                      CHENNAI    TN

 

DATE    : 11/04/09          TIME : 19:13:08

MID      : 50235020          TID   : 35329496

BATCH  : 000004              INV   : 000006

 

                 Interest Free

           EMI Sale – 9 Months

XXXX XXXX XXXX 4012 SWIPE

CARD TYPE   :  VISA CARD

EXP    DATE  :  10/10

APPR CODE   :  362748

REF NUM       : 000000000022

AMT :        Rs.31500.00

                  

                             -Sd-

SIGN :

                        M. KANNAN

 

      I AGREE TO PAY IN 9 MONTHS

6.      Further the contention of the complainant is that while checking the credit card, the complainant was shocked to find out from the April month statement that a sum of Rs.31,500/- has been charged as onetime payment on 11.04.2009 as per Ex.A5 rather than equal 9 monthly instalments.  Further, it is seen from Ex.A6 that the opposite party not only debited the sale price but also charged and debited service tax, processing fee, service charges and other charges which is against the Reserve Bank of India guidelines; establishes the deficiency in service and unfair trade practice. Hence, the complainant issued Ex.A2, legal notice dated:17.06.2009 for which, the opposite party sent a reply notice dated:26.06.2009 as per Ex.A4 with untenable contentions.  The complainant is claiming to refund the interest and service charges with a compensation of Rs.1,00,000/- and cost.

7.     The learned Counsel for the opposite party would contend that the complainant suppressed the material facts and filed this case claiming huge amount towards compensation which is against the provisions under Section 14 (1) (d) of the Consumer Protection Act.  But the opposite party has not explained the manner in which the claim was against the settled proposition of law.  Further the contention of the opposite party is that the credit card No.4864 1031 0667 4012 was provided to the complainant is an Individual Corporate Gold Credit Card.   That offer was given only for the visa card.  But neither the complainant nor the opposite party has not produced the copy of the card to prove that the opposite party issued only an Individual Corporate Gold Credit Card.  On the other hand, it is apparently seen from Ex.A1 that the type of card issued is one visa card and all the other details are related to the complainant card proves that the opposite party in one way or the other, attempting to create a cloud over the subject matter. 

8.     Further the contention of the opposite party is that the Individual Corporate Gold Credit Card used by the complainant for the purchase at the  Home Appliances Expo Sale are not coming under the purview of EMI option.   The statement generated by the bank for the subsequent month demanded one-time payment as per the credit card rules and regulations.  But none of the rules and regulations or demand filed before this Forum by the opposite party.   Further the contention of the opposite party is that the complainant is liable to pay interest and various charges imposed by the opposite party as per the Reserve Bank of India rules and regulations.  But the opposite party has not produced any such rules and regulations of RBI, is authorized to collect such interest by providing such false offer under Ex.A1 sale price and other charges to squeeze the amount of the customers.  Further the contention of the opposite party is that the compensation is exorbitant and exorbitant and baseless.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund the interest and service charges collected towards the sale price   within one month and a compensation of Rs.10,000/- towards mental agony and cost of Rs.5,000/- to the complainant.

        In the result, this complaint is allowed in part.   The opposite party is directed to refund total amount of Rs.6,949/- (Rupees Six thousand nine hundred and forty nine only) being collected as service tax, processing fee etc against Interest Free 9 EMI Sale within one month from the date of this order and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 04^th day of April 2019. 

 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	11.04.2009	Copy of opposite party’s interest free EMI Sale charge Slip
Ex.A2	17.06.2009	Copy of legal notice of the complainant to the opposite party
Ex.A3		Copy of acknowledgement card
Ex.A4	26.06.2009	Copy of reply by the opposite party to the complainant
Ex.A5	April 2009	Copy of Statement of Accounts
Ex.A6	October 2009	Copy of Statement of Accounts
Ex.A7	June 2018	Copy of Statement of Accounts

 

OPPOSITE PARTY SIDE DOCUMENTS:-

Ex.B1

18.01.2010

Copy of Statement of Accounts

 

 

MEMBER                                                                  PRESIDENT