Order/Judgement
- This Consumer Complaint has been filed by the complainant namely Ajeet Kumar Jaiswal against the O.P claiming to pay Rs – 54784.94/-. It is further claimed that Rs – 100000/- for legal expenses and Rs – 200000/- for physical & mental harassment be paid in favour of complainant.
- The case of complainant in brief is that he is account holder of ICICI Bank, Main Road, Ramgarh Branch bearing A/C No – 043301514247 (INR) which is linked with his credit card no. 4375519733398000. The amount was being regularly transferred by the O.P in the credit card account of the complainant to maintain properly limit of credit card due to purchasing done by the complainant. During period from 01/04/2021 to 31/03/2021 and from 01/04/2021 to 01/02/2022 unwarrantedly O.P debited Rs – 54784.94/- under cover of 46 transactions I.D from the account of complainant without informing reason to the complainant.The O.P asked the complainant to deposit Rs- 80417.59/- on credit card account which is illegal. The complainant approached O.P continuously and asked to take action in the said matter but O.P always avoided the same and has not taken any legal action up till now. The complainant sent legal notice through his lawyer to the O.P on 14/02/2022 which was received by O.P on 16/02/2022 inspite that the O.P neither given reply of notice nor transferred the said amount in the account of complainant. The complainant telephoned to the O.P on customer care no – 18601207777 on 22/03/2022 but after having received telephone O.P did not give any satisfactory reply. A prayer has been made on behalf of complainant that O.P be directed to pay the claim to the complainant as sought in complaint petition.
- After having issued notice O.P appeared and filed written statement.
4 O.P has stated in his W/S that the instant consumer complaint is not maintainable both in facts and in law. The Bank only adjusted dues payment of the credit from the account of customer which has been linked by the complainant with bank, consequent thereof valid dues amount of credit card has been adjusted from the complainant’s account which is not warranted under law. The complainant availed the credit card bearing card no-437551993379800 through online portal of ICICI Bank, Ltd in the year 2019 which is complete a digital process. The limit of said credit card was Rs – 105000/- in which complainant linked his saving account of ICICI Bank for the sake of Auto debit payment of credit card. He had selected minimum dues amount in place of total dues amount for auto debit payment of credit card. After receiving of bill of credit card complainant avoided to pay the entire dues payment of credit card and indeed, paid minimum dues amount of credit card due to this reason remaining dues amount with interest added in the next month of generated bill of credit card. The complainant never cleared the entire dues payment of credit card due to this reason bank adjusted the dues amount from the saving account of the complainant. Under aforesaid circumstances the complaint is not tenable and is liable to be dismissed with exemplary cost. The complainant has not raised issue of fault deduction of amount of credit card to opposite party and during the entire deduction of payment complainant has never approached to Ombudsman of the bank regarding false deduction of amount. A prayer has been made on behalf of O.P to dismiss the complainant with exemplary cost
- On behalf of complainant evidence of one witness namely Ajit Kr. Jayswal, who is complainant himself has been filed on affidavit.
Beside oral evidence photocopy of documents have been filed on behalf of complainant which are marked as under:-
Mark A legal notice (3 page), Mark A/1 postal receipt and track report(2 sheets), Mark A/2 is Pan Card of A.K.Jayswal, Mark A/3 is adhar card of A.K.Jaysawal, Mark A/4 is statement regarding interest and charges with respect credit card No. 4375519733398000(7 pages), Mark A/5 is Message Screen shot and credit card statement(25 page).
On behalf of O.P photocopy of documents have been filed which are marked as under:-
Mark B is credit card application from dated 05/10/2019(11 sheet), Mark B/1 is ICICI credit card statement dated 16/06/2022 print date 04/07/2022 (8 sheet), Mark B/2 is ICICI Bank’s statement from Dec 2019 to June 2022.We have heard argument of learned counsel for the complainant as well as learned counsel for the O.P, Perused entire evidence available on record.
Finding
6 According to complainant he is account holder of ICICI Bank main Road Ramgarh Branch bearing account no. 043301514247 (INR) which is linked with his credit card no. 4375519733398000. The amount was regularly being transferred by the O.P in the credit account of the complainant to maintain proper limit of credit card due to purchasing done by the complainant. During period from 01/04/2020 to 31/03/2021 and 01/04/2021 to 01/02/2022 unwarrantedly O.P debited Rs- 54784.94/- from 16/03/2022 under cover of 46 transaction ID from the account of complainant without informing the reason to the complainant. The O.P asked the complainant to deposit Rs- 80471.59/- on credit card. The complainant approached the O.P continuously and asked to take action in the said matter but O.P always avoided the same and has not taken any legal action up till now. Ultimately the complainant sent legal notice through his lawyer to the O.P on 14/02/2022 and after having received the said notice O.P neither reply of notice nor transferred the said amount in the account of complainant.
7 On the other hand it is stated on behalf of O.P that the complainant is not entitled to get any relief. It is also stated that the complainant availed the credit card no. 4375519733398000 through online portal of ICICI Bank Ltd. in the year 2019 which is complete a digital process. The limit of said credit card was Rs- 105000/- in which complainant linked his saving account of ICICI bank for the sake of auto debit payment of credit card. He had intentionally selected minimum dues amount in place of total dues amount for auto debit payment of credit card. The saving a/c of complainant is located at branch of ICICI Bank at Ramgarh Branch, Ramgarh bearing saving account no. 043301514247. After receiving of bill of credit card complainant avoided to pay the entire dues payment of credit card and indeed paid the minimum dues amount of credit card due to this reason remaining dues amount with interest added in the next generated bill of credit card. The complainant never cleared the entire dues payment of credit card due to this reason bank adjusted the due amount from the saving account of the complainant.
8 The following facts are admitted facts
(1) The complainant is account holder of ICICI Bank Ramgarh bearing account no 043301514247 which is linked with credit card no 437551973339800 through online portal of ICICI Bank.
(2) The limit of said credit card was Rs- 105000/-.
(3) The credit card was linked with saving account of ICICI Bank for the sake of auto debit payment of credit card.
9 Now the question before this commission is to be decided
(1) Whether the complainant is entitled to get relief as sought in complainant and there is deficiency in service and unfair trade practice on part of O.P ?
10 The complainant has stated that during the period 01/04/2020 to 31/03/2021 and 01/04/2021 to 01/02/2022, the O.P has unwarrantedly debited Rs- 54784/- from the account of complainant and it is also asked by the O.P to deposit 80471.95/- on credit which is illegal. It is stated on behalf of O.P that complainant had selected minimum dues amount in place of total dues amount for auto debit payment of credit card.
Now it is necessary to discuss documentary evidence adduced and produced on behalf of parties. From perusal of documents filed on behalf of complainant it appears that he had sufficient amount in his account no 043301514247 (INR) at the time of utilizing of credit card. But the O.P has debited minimum amount due. It is admitted fact that the credit card was linked with the saving account of the complainant for auto debit payment. It is stated by the O.P that the complainant had selected in minimum dues amount for auto debit payment of credit card, so the o.p debited minimum dues amount in place of total dues amount. From perusal of mark B (credit card application) filed by o.p it appears that in application form column of minimum amount due and total amount due are blank, so the O.P can not say that the complainant had selected minimum dues amount in place of total dues amount. Thus the contention of o.p does not find support from mark B filed on behalf of o.p. Thus O.P has been failed to prove that the complaint had selected minimum dues amount for auto debit payment of credit card. It was onus on O.P to debit entire amount incurred by complainant through auto debit credit as there was sufficient amount in the saving account of complainant at the time of utilization of card but the o.p did not do so, rather he debited minimum due amount from the saving account of complainant to gain higher interest from the complainant which is unfair trade practice and deficiency in service on part of O.P.
Therefore O.P is directed to pay Rs- 54784.94/- to the complainant. We are also of the opinion that it would be just and proper to award Rs- 10000/- as compensation for mental agony and harassment and Rs- 5000/- as litigation cost in favour of the complainant.
Therefore O.P. is directed to pay Rs- 54784.94/- to the complainant. O.P is further directed to pay Rs-10000/- as compensation for mental and physical harassment and Rs-5000/- as litigation cost to the complainant.
The above amount must be paid by O.P. within 30 days from the date of receipt of this order, failing which the complainant shall be entitled to realise the decretal amount 54784.94/- with S.I. 9% per annum from the date of this order.
Let a copy of this order/Judgment be supplied to the parties i.e. complainant and O.Ps free of cost.
