DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 237 of 02-09-2008<br /> Decided on : 02-12-2008 <br /> <br /> Ram Lal Garg, Senior Technical Officer, I.D.C. Cum/Q.M.C. (Engg) Near I.T.I. Chowk, Tehsil & District Bathinda. .... ... Complainant<br /> Versus<br /> <br /> ICICI Bank, Bathinda Branch, 2908/A/1 Swadesh Complex, G.T. Road, Bathinda<br /> through its Branch Manager<br /> .... Opposite party <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> <br /> QUORUM <br /> <br /> Dr.Phulinder Preet, Member<br /> Dharam Singh, President <br /> <br /> For the Complainant : Complainant in person.<br /> For the Opposite parties : Exparte.<br /> <br /> O R D E R<br /> <br /> Dr.Phulinder Preet, Member<br /> <br /> 1. Briefly stated the case of the complainant is that he is permanent resident of Bathinda and has good status in society. He is maintaining A/c No. 016301004209 with the opposite party since long. Cash Credit facility was also provided by the opposite party to him without his consent. Cash Card No. 3416 (Infact No. 5176370139395002) was allotted to him. On 21.8.08 complainant got statement of account of his cash credit card and found that a sum of Rs.9900/- was deducted on 27.6.08. Rs. 280/- were also deduced on 28.7.08. Upon inquiry, he was told that said amounts were deducted on account of purchase of some material through cash credit card. No details were given by the opposite party regarding the amount deducted . He never used the credit card till the date of filing of this complaint since the date of its issue. He kept on approaching the opposite party and requesting it to settle his account but of no avail. He stated that he is entitled to get refund/adjustment of the amount of Rs. 9900/- + Rs. 280/- totaling to Rs. 10,180/- in his account which has been illegally deducted by the opposite party from his account. He alleges that he suffered financial and mental loss. Due to adamant attitude of the opposite party he lost his reputation having balance of Rs. 72/- in his account for which he claims compensation of Rs. 50,000/- besides adjustment of Rs. 10,180/- alongwith uptodate interest. He alleges that there is deficiency in service and unfair trade fair practice on the part of the opposite party. In these circumstances, he filed this complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act') seeking directions from this Forum to the opposite party to adjust the amount of Rs. 10,180/- in his account; pay Rs. 50,000/- as compensation and any other alternative and consequential relief to him.<br /> 2. Notice of the complaint was served dasti as per report on record file. None appeared on behalf of the opposite party despite service. Hence exparte proceedings were taken against opposite party on 7.10.08 after waiting sufficiently.<br /> 3. Complainant led in exparte evidence his affidavits (Ex. C-1, Ex C-2 & Ex. C-6) and copies of statement of accounts (Ex C-3 to Ex. C-5).<br /> 4. We have heard the complainant. Besides this, we have gone through the record.<br /> 5. Complainant urged before this Forum that that he opened saving bank account with the opposite party and without obtaining his consent, opposite party provided him cash credit facility. Credit Card No. 5176370139395002 was issued to him. Credit card was never used by him since the date of its issue till the filing of this complaint whereas opposite party deducted the amount of Rs. 9900/- on 27.6.08 and 280/- on 27.6.08. For this he placed reliance on Ex. C-4 & Ex. C-5 respectively. He also showed his original Credit card copies of which are placed on file as Annexure “1”.<br /> 6. We have considered the respective arguments and have gone through the record. Ex. C-1 is the affidavit of the complainant which shows that he opened an account with the opposite party. His affidavit Ex. C-2 shows that he or his family members never used his Credit card since the date of its issue till the filing of this complaint. Ex. C-4 & Ex. C-5 are the statements of account of the complainant issued by the opposite party. No detail has been given by the opposite party where these amounts have been used. Ex. C-5 proves that on 27.6.08 an amount of Rs. 9900/- has been withdrawn through Credit Card No. 5176370139395002. Ex. C-4 reveals that on 28.7.08 an amount of Rs. 280/- has been withdrawn through Credit Card No. 5176370139395002. Evidence of the complainant stand unrebutted and unchallenged as the opposite party did not care to contest the complaint despite dasti service. This also amounts to deficiency in service on the part of the opposite party. Keeping in view the evidence of the complainant placed on record no other conclusion can be arrived at than the one that the amount of Rs. 9900/- and 280/- deducted from the account of the complainant on 27.6.08 and 28.7.08 respectively were illegal and without any basis. Hence there is deficiency in service and unfair trade practice on the part of the opposite party. Due to this adamant attitude of the opposite party, he suffered mental tension for which he is entitled to some compensation which we assess as Rs. 4000/-. <br /> 7. In view of the discussion made above, complaint is accepted exparte with cost of Rs.1000/-. Opposite party is directed to do as under :<br /> i) Credit in the account of the complainant an amount of Rs. 10,180/- (Rs. 9900/- + Rs. 280/- ) alongwith interest @9% p.a. from the date of withdrawl i.e. 27.6.08 and 28.7.08 respectively till the date of credit.<br /> ii) To pay Rs. 4,000/- to the complainant as compensation under Section 14(1)(d) of the Act.<br /> iii ) Compliance of this order be made within 30 days from the date of receipt of copy of this order failing which the amount compensation under Section 14(1)(d) i.e. Rs. 4,000/- would carry interest @ 9% . P.A. till realisation.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned. <br /> Pronounced :<br /> 02-12-2008 <br /> (Dr.Phulinder Preet) <br /> Member<br /> <br /> (Dharam Singh )<br /> President <br />