PRESENT

                   Complainant by Adv.Wankhede  present.    

                    Opponent by Adv.Mannadiar  present.    

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President.)

1.                The complainant is having credit card bearing No.4477  4694 1511 1007 issued by ICICI  on 14.11.2002.  The said card was converted into platinum credit card.  He had swept credit card five times on 20.7.2003 but was unable to use the same.  The opponent wrongly charged Rs.410/- for five times total amounting to Rs. 2050/- for swapping.

2.                The complainant filed dispute form on 27.08.2003 requesting the opponent to investigate the matter and reverse the charges.  The Bank replied that the issue will be decided within 45 days. Initially for period between 15.08.2003 and 14.09.2003 as well as 15.9.2003 to 14.10.2003 bank did not charge any interest but thereafter started imposing interest.

3.                The ICICI  bank reversed the amount of Rs.2050/- without any dispute, however failed to reverse the interest charged.  Thereafter repeatedly assurance was given  for not to charge interest but bank continued the act of charging interest from Feb-2004.  The credit card of complainant was disabled but no steps were taken to reverse the wrongly charged interest.

4.                The complainant sent letter to opposite party on 8.3.2010, opponent replied stating that “ we are looking into the case, however we need some more time, we will revert to you by 6.4.2010”.  The opponent Bank demanded Rs.1,31,465.35 from complainant on 19.4.2010 and again on 29.4.2010 stated that, complainant made payments only in part.

5.                The complainant alleged that on 18.11.2010 opponent stopped charging interest but failed to reverse interest which have been wrongly charged.  He sent legal notice to opponent on15.3.2011 requesting to take steps for reversal of interest.  The opponents issued a defaulter notice claiming Rs. 173618/-.  The act of opponent is alleged as unfair trade practice.

6.                The complainant filed application for Condonation of delay, which was allowed by this forum on 15.04.2013 as shown in the Roznama.

7.                The complainant stated that he has paid huge sum of Rs. 82032.30 towards unjustified interest.  He has not used card since 2009.

8.                The complainant prayed that opponent be directed to refund Rs.255618/- and pay interest @ 18 % of  Rs. 82032.30 being excess amount paid by him. He claimed compensation of Rs.1,00,000/- for deficiency in service, and Rs.50,000/- for cost.

9.                The opposite party filed written version and submitted that complaint is false, frivolous  vexatious and is liable to be dismissed.  It is stated that, documents annexing the credit –card statements show that partial payments were made by complainant which warranted claiming of interest and penalty.  It is alleged that complainant do not wish to clear the said amount.

10.              The opponent denied that complainant swapped  the card five times.  It is admitted that as per grievance made by complainant the charges of Rs.2050/- were reversed.  It is denied that unjustified amounts are charged by opponent.

11.              The complainant and opposite party filed evidence affidavit and produced on record various documents in support of their case.  The complainant filed monthly bank statement for a period 15.7.2003 to August,2003 copy of dispute form dated 27.8.2003, copies of monthly disputed statement, letter of complainant dated 4.3.2010, reply of ICICI 25.03.2010, demand notices by Bank etc.

12.              The ICICI bank filed on record credit card statement of complainant containing 76 pages.

13.              We have carefully perused the documents on record, considering the issue involved in the case. The main issue is pertaining to the transaction dated 20.07.2003 relating to the swapping of the credit card five times and charging of Rs.410/- for each time i.e. total Rs.2050/-.  Admittedly opponent averred that as per  grievance made by complainant, the charges of Rs. 2050/- were reversed.  The letter sent by Bank on 11.09.2003 shows that Bank agreed not to claim the said amount and also the interest.

14.              The letter issued by opposite party dated 1.4.2010 to complainant indicate that opponent agreed to temporarily credit the disputed amount to ensure that no financial charges get levied for non-payment of the amount in respect of the  transaction dated 9.2.2010 as well as 10.02.2010.  This shows that, statement of account  is not properly  prepared  and require to be amended.

15.              The opponent bank is under a legal and moral obligation towards consumer, to ensure that proper statement has to be prepared as per the agreement.  The bank has to inform the Consumer regarding the proper charging of rate of interest as per the directions issued by Reserve Bank of India from time to time.

16.              The opponent’s letter to complainant dated 29.04.2010 shows that opponent failed to act fairly with complainant. The portion of letter is “ we inform that the payments made on your credit card were part payments, few payment were paid after the payment due date and there were few cash withdrawals made on your credit Card”  Clearly shows that, opponent bank is depriving  the  right of complainant to know the information regarding his loan and liability to pay.  The opponent is under an obligation to give details of the loan and interest charges to Consumers and ensure that the recovery is as per law.

17.              The complainant has prayed for direction to opponent to pay amount.   This issue relates to accounts, which is not proper for adjudication  before this forum.  However , we hold that, opponents have to give details of the transactions right from 14.11.2002 till this date to complainant justifying all individual transaction.

18.              It is necessary to inform the extent of part payment, how much amount has been paid after due date and also details  of few cash withdrawals made on credit card.    Mere   filing on record 97 pages credit card statements.  It is enough.

19.              The opposite party is also under an obligation to issue detail statement of account to complainant regarding the credit card since 14.11.2002 before issuing any default notice.  The complainant is also not entitle to claim any amount, as claimed in the prayer clause. 

20.              In the result we set aside the demand notices issued by opponent to complainant and also deny the claim of amount made by complainant.

21.              In the result, we pass following order.  

                                                ORDER

1.     RBT complaint No.368/2012 is partly allowed.

2.      The opposite party  is ordered to inform the complainant details of

          statement of account in respect of Credit Card from 14.11.2002

          till the date of  preparation of statement of account before issuance

         of any demand notice to complainant.

3.      The claim of the complainant for direction to opponent to pay amounts

         mentioned in the prayer clause is dismissed.

4.        No order as to cost.

5.      Copy of this order be sent to both parties.