Delhi

East Delhi

CC/222/2016

DEEPAK - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

26 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 222/16

Shri Deepak Kumar Gupta

S/o Shri B.K. Gupta

R/o G-5, Krishna Nagar

Delhi- 110091

                                                               ….Complainant

Vs.    

The General Manager

ICICI Bank Ltd.

Credit Card Operations,

2692, 1^st Floor, CMR-Delhi

D.B. Gupta Road, Karol Bagh,

New Delhi- 110005

                                                         …Opponents

 

Date of Institution: 05.05.2016

Judgement Reserved on: 26.04.2019

Judgement Passed on: 10.05.2019

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Harpreet Kaur Charya (Member)

 

JUDGEMENT

Jurisdiction of this Forum has been invoked by Shri Deepak Kumar Gupta, the complaint against the General Manager, ICICI Bank, OP with the allegations of deficiency in service and unfair trade practices.

The present complainant pertains to the platinum credit card issued by OP to the complainant for maintaining savings account with OP. The complainant was assured regarding the benefits and hassle free of the same. An executive of OP collected the documents from the residence of the complainant and got the signatures on the blank form stating that they had all the details of the savings account maintained by the complainant with them and the form shall be filled by the customer care executive. Credit card bearing no. 5241933058341009 was issued with validity from 09/15 to 09/19 upon verification call, where again the benefits of the card alongwith auto debit system were explained. The complainant has stated that in the month of November the complainant was shocked to see that the auto debit option exercised by the complainant had failed and was asked to make the payment. After making the payment the complainant, when contacted the customer care, he was informed that as per the form filled by the complainant, he had exercised the option of 5% of the credit card due payment under Auto debit system. It has been further stated that he was informed by the executive that even the 5% of the amount was not debited as there were insufficient fund in the account maintained by the complainant. The complainant was also informed that OP had three accounts in the name of the complainant and the one which was in the joint name of the complainant and his wife, which was non-operative since inception and the second one was opened with demat account which was also in operative for last more than three years. The late payment charges were levied due to default in auto debit option, despite the fact that the complainant had made payment for the month of October, 2015 and November, 2015.

In the month of January, 2016, the complainant contacted the customer care of OP for revoking the auto debit option and refund of all the charges levied by OP, which was refused and the complainant was asked to clear all the dues. It was further stated that the complainant had opted for hardcopy statement option which were not sent and due to that the complainant was not aware about the Auto debit charges. The complainant has stated that he was threatened that his bank credibility shall be adversely affected in case he did not pay. Despite several mails to the Grievance cell the complainant’s issue was not addressed. Feeling aggrieved by the conduct of OP, the present complaint with prayer for directions to OP to pay Rs. 1,50,000/- for physical, mental, monetary injury alongwith late fees and charges of Rs. 4,500/- with 18% interest.

The complainant has annexed emails exchanged between the complainant and customer care, summeray of account bearing no. 071301503543, credit card statement dated 24.10.2015, 23.01.2016, 24.02.2016, 24.03.2016, 23.04.2016 with his complaint.

Reply was filed by OP upon service of the Notice, where they have taken several pleas in their defence such as the complainant had opted for “Auto debit” facility at the time of applying for credit card with respect to account bearing no. 102301001282. It was submitted that the status of the said account was dormant with a debit balance of Rs. 109/-. It was further submitted that the payment of credit card dues was returned unpaid and therefore the late payment charges were levied. It was further submitted that the complainant had intentionally provided the said account number for Auto debit for which the complainant was informed and his request for reversal of disputed amount was rejected. Since, the complainant had filled and signed the Customer Agreement Form (CAF), he was bound by the terms and conditions of the same. Rest of the contents have also been denied.

Application credit evaluation sheet and credit card application form as Annexure 1, statement of account bearing no. 102301001282 as Annexure 2, statement for account no. 071301503543 as Annexure 3 have been annexed with their reply.

Rejoinder to the Written Statement was filed by the complainant, where it was submitted that the credit card had been issued on the basis of the account bearing no. 0713015003543 and that too after verification. Rest of the contents of the reply have been denied and those of the complaint have been reaffirmed.

Evidence by way of affidavit was filed by the complainant, where he has got himself examined and has deposed on oath the contents of the complaint and rejoinder. He has also filed RTI with OP seeking information with respect to the amount of the said credit card as Ex.CW1/5 with its postal receipts and the complainant visited OP with request to issue the statement of account number 102301001282 stating the status of the said account to be dormant since 2011 and also the account bearing no. 102401503824 was dormant since 2013. It was submitted that had the complainant been defaulter or bankrupt OP would not have issued the credit card, it was only on the basis of the account bearing no. 071301503543 the credit card was issued, statement of account bearing no. 102401503842 has been exhibited as Ex.CW1/6 (Colly.).

OP have got examined Ms. Akriti Mishra, Manager Legal, who has reaffirmed the submissions made by them in their Written Statement on affidavit and has got exhibited the copy of the credit card application form as Ex.1, the statement of account number 102301001282 as Ex.2 and copy of statement of account no. 071301503543 as Ex.3.

We have heard the arguments on behalf of Ld. Counsel for Complainant and Ld. Counsel for OP and have perused the material placed on record. The complainant has alleged that OP has levied charges of       Rs. 4,500/- on account of Auto debit return fee, late payment fee, interest charges, which are arbitrary. These averment have been denied by OP stating that the complainant was bound by terms and conditions of CAF where he had opted for Auto debit facility in the account no. 102301001282, which was dormant since 2011. It is an admitted fact that the account bearing no. 102301001282 was dormant since 2011 and the credit card was issued in the month of October, 2015. It is highly improbable that the complainant was issued credit card against an account which was having a negative balance of Rs. 109/- and it is a general practice that the credit card is not issued to defaulters or non-performing accounts. Even if, the Auto debit instructions were given by the complainant against the above mentioned dormant account, it was the duty of OP to inform the complainant regarding the same, which has not been done in the present complaint. Since, nothing has been placed on record by OP to prove that they had informed the complainant regarding the rejection of Auto debit facility against the account which was dormant they are held liable of deficiency in services.

 Hence, in the facts and circumstances of the present complaint, we direct OP to refund Rs. 4,500/- paid by complainant on account of late fees and charges. We further direct OP to pay Rs. 2,500/- as compensation for mental harassment and agony.

This order be complied within 30 days from the date of receipt of the order else 7,000/- shall carry interest @7% per annum from the date of order till realization.

Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

     

 

 (DR. P.N. TIWARI)                                                                                   (HARPREET KAUR CHARYA)

          Member                                                                                                     Member    

                                                  

(SUKHDEV SINGH)

                                                                        President