DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.630/2013

Sh. Shantnu Mehrotra

R/o B-133, Flat No.106,

Katwaria Sarai,

Delhi-110016                                                                ….Complainant

Versus

1.       The Manager                                                   

ICICI Bank

S-26, 27, 28 Green Park Extension

Near Uphar Cinema, New Delhi 

2.       Managing Director

          ICICI Bank

          9^th Floor, South Towers,

ICICI Towers, Bandra Kurla Complex,

Bandra (E) Mumbai                                    ……Opposite Parties

                                                          Date of Institution          : 30.12.13                                                        Date of Order        :  24.09.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

O R D E R

Briefly stated the case of the Complainant is that he had a saving account No.03141504605 with OP No.1 and he had also availed the facility of the Credit Card from the OP. The Credit Card No. was XXX4001 and EMI Card XXX1010. The OP had not updated his address on the Credit Card account despite escalating grievances to the CEO in terms of the reward points accumulated and there was “absolutely pathetic response from the senior management and irregularities in terms of the interest charged are just a few things that Complainant had to put up with Complainant had escalated this to the CEO level 6 months back, attaching all the grave irregularities from Opposite Parties.  The details of this correspondence is attached herewith as Annexure 1”. It is further stated that in terms of the Credit Card payment he had made a payment of Rs.18,000/- vide SCB cheque No. 000166 dropping it in the ICICI branch in Gurgaon on 02.12.2013. However, this was shown by the OP No.1 as not received till date and he again  drew a cheque No. 000168 drawn on SCB which was dropped for Rs.18,000/- by the 16^th December; both the cheques were encashed by the OP and despite numerous calls/escalations to the Nodal Officer Sh. Shiva Tadikonda on 24^th December, the excess amount of Rs.18,000/- illegitimately taken by the OP has  neither  been returned  nor a single call/email has been sent. When he did not hear any reply from the OPs he filed a complaint with the RBI Ombudsman but no reply was received.  Recently he received a detailed reply from the OPs about the issues discussed but his grievances remained unsatisfied. Hence, pleading deficiency in service on the part of OPs, the complaint has been filed with the following reliefs:

1. Direct the OPs to update the Complainant’s card account  and rectify such other regularities as prevalent,
2. Direct the OPs to jointly and severally to pay additional Rs.50,000/- compensation for monetary losses, harassment and mental agony suffered by the Complainant due to the action of the OPs,
3. Direct the OPs to jointly and severally pay a sum of Rs.1000/- towards cost of this petition.

OPs in their reply have stated that the Complainant was residing at the given address but he had not filed any proof to show that he is residing at the given address and the recorded address in the Credit Card record of the Complainant is Shantau Mehrotra C/o Amit Dua, C-19, Ground Floor, Jhillmil Colony, Delhi-110095. The Complainant had taken the services of the OPs and the OPs have provided their best services to him. It is not correct that the OPs had not updated the Credit Card account. The address of the Complainant as provided by him was mentioned in the Credit Card record.  It is denied that there is irregularities in reward points/interest charges or the senior management did not respond to the querries of the Complainant. As far as charging of interest is concerned the same is governed by the agreement executed by the Complainant while availing the Credit Card facilities and, hence,  charging the same cannot be termed as irregular and so far as the reward points are concerned the same were duly added to the account of the Complainant. OPs have stated that they have not charged excess amount from the Complainant and, hence, no question of returning the same arises.  In the Credit Card ending with XXX 1010 there was a sum of Rs.28733/outstanding which the Complainant has to pay to the OPs and in case Complainant fails to pay the same in time the appropriate action will be taken against the Complainant. The Complainant sent the email for the change in the address. The address cannot be changed at the asking of the Complainant or just by sending email. The Complainant has to visit the branch and provide his address proof alognwith change of address request and only then his address can be changed. Hence, there is no deficiency in service on the part of OPs. OPs have prayed for dismissal  of the complaint.

Complainant has filed a rejoinder in the shape of “reply by the complainant against the submissions by the opposite party” and also a short affidavit.

On the other hand, affidavit of Sh. Sanjay Sharma, AR  has been filed in evidence on behalf of the OPs.

Written arguments have been filed by the Complainant on 15.12.2015 and 12.9.2016. We have heard the arguments of the Complainant and have also gone through the file very carefully.

The OPs have filed a Credit Card statement dated 23.04.14 according to which the Complainant has to pay Rs.28733.24 to the OP (for the purpose of identification we mark the document as Annexure-A).

In this case, the prayer of the Complainant is to direct the OPs to update the Complainant’s Card account and ratify such other irregularities as prevalent.

The prayers sought by the Complainant are vague and not specific. As per the OPs, the Complainant sent the email to change the address in the Credit Card account but he had not provided any proof of address alognwith the application for change of address and, hence, the OPs did not change the address in his Credit Card account.

The complainant has not been able to show any irregularity in his account. Therefore, the Complainant has failed to prove any deficiency in service on the part of OPs.  Accordingly, we dismiss the complaint with no order as to costs.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on   24.09.2016.

Case No. 630/13

24.9.2016

Present –   None.

                Vide our separate order of even date pronounced, the complaint is dismissed.     Let the file be consigned to record room.