Complaint No. :57/2009 Filed on : 28/01/2009 Decided on : 30/03/2010 Duration : 01 year 02 months 02 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Shri. P.B.Vijaykumar Nair Flat no.1, Ram Kunj Apartment Shiv Ganga Nagar, Ambernath(East) Dist - Thane. ..Complainant V/s.
The Manager, ICICI Bank, Credit Card Dept., RPG Towers, Opposite Kohinoor Hotel, J.B. Nagar, 248, Andheri Kurla Road,
Andheri(East) 400 059. ..Opponent
CORUM : HON'BLE PRESIDENT : SAU. SHASHIKALA S. PATIL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv. Mr. Amod Paranjape Opposite Party through Authorised Signatory J U D G E M E N T (30th March 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. Complaint is filed as per Consumer Protection Act 1986 vide section 12 and the brief facts of the complaint are narrated as under:- That the Complainant was the customer of the Opponent by using Credit Card facility vide Credit Card no. 5176370198622007. The Complainant was using the credit card facility carefully. However it was difficult for him to maintain and pay the credit card bills. Therefore the Complainant and the Bank representatives met for discussion. After consultation and negotiation it was decided vide Banks letter no.115/03/08/05/U dt.08/02/2008 to have one time settlement of Rs.15,000/- in two monthly instalments towards the full and final settlement of the credit card account. The Opponent issued their payment receipt for Rs.15,000/- vide receipt no.C 02085153765. The payment of Rs.15,000/- has been already cleared and debited from the account of Complainant on 14/03/2008. Even after receipt of the above payment of Rs.15,000/- to the Opponent towards full and final settlement, the Complainant shocked to reeive a letter of dt.13/05/2008 stating therein an debit amount of Rs. 1440/-. For the recovery of the above amount. The recovery agents of the Opponent were contineously threatening and harassing the Complainant and his family members even though the amount has been cleared by the Complainant. Being aggrieved by the attitude of the Opponents the Complainant has sent legal notice through his advocate on dt.11/09/2008. The Opponent .. 2 .. received the notice but they have neither replied nor clarified the grievances of the Complainant. The Complainant has stated that the cause of action took place on dt.11/08/2008 and the same is within the period of limitation and the relief sought are also within the pecuniary jurisdiction of this Forum. Therefore the Forum has pecuniary as well as teritorrial jurisdiction to adjudicate and decide this complaint. The prayer of the Complainant is as follows:- 1.The Opponents to pay Rs.50,000/- to the Complainant towards mental agony and harassment. 2.The Opponents to pay Rs.50,000/- to the Complainant towards incidential charges alongwtih 18% interest pa. 3.The Opponents to pay Rs.20,000/- to the Complainant towards legal expenses. 4. Any other relief as may deem fit and proper.
2. The Forum has issued notice to the Opposite Parties vide Exhibit no.5. The Opponent has filed an application vide Exhibit no.6 for filing Vakalatnama and written statement. The Opponent has filed application vide Exhibit no.7 for filing written statement on which the Forum has passed an order as follows:- The application is allowed subject to cost of Rs.500/- i.e Rs.250/- to the Complainant and Rs.250/- to be deposited in the Forum. Accordingly the Opponent filed written statement vide Exhibit no.8 and list of documents vide Exhibit no.9 while the Complainant has filed rejoinder on affidavit vide Exhibit no.10 and filed an application vide Exhibit no.11 for filing Account Statement and filed written argument vide Exhibit no.12. The Opponent filed written argument vide Exhibit no.13. The contention of the written statement and written arguments of the Opponent are as follows:- The Opponent has denied the contentions of the Complainant. The Complaint is false, frivolous and filed with ulterior motive hence the same should be dismissed in limine. The Complaint is not maintainable. The Complainant and respesentatives of the Bank has finalised the terms and conditions for settlement of the credit card facility on two monthly instalments vide letter dt. 08/02/2008 being reference no. 115/03/08/05/U 2nd instalments is due on 02/03/2008 where as the Complainants cheque was encashed on dt.14/03/2008. Therefore the Complainant has not made timely payment. Therefore the Opponent debited Rs.1,440/- on 29/05/2008 without any intimation to the Complainant. The Complainant has not followed covenants .. 3 .. of the settlement letter. Therefore the Complainant has not come with clean hands. Complaint is nothing but abuse of process of law hence the complaint be dismissed with cost. The Complainant has denied all the allegation of the Opponent in his rejoinder.
3. We have carefully persued the complaint, documents, and written argument of the Complainant and also the written statement documents and written arguments of the Opponent filed on record. In this complaint the only question rises for our consideration which is as follows: A) Whether the Complainant has proved any deficiency/negligency in service committed by the Opponent towards the Complainant? We answer the above question in the affirmative for the following reasons:- REASONS A) Explanation: In this complaint, it is crystal clear that the Complainant is the customer/consumer of the Opponent by providing credit card facility vide credit card no.5176370198622007. Hence there is privity of contract between the parties. Due to difficulty to maintain the credit card facility the complaint met the representative of the Bank and accordingly it was decided through negotiation vide Bank letter no.115/03/08/05/U dt.08/02/2008 to have one time settlement of Rs. 15,000/- vide receipt no. C02085153765 the same amount of Rs.15,000/- was debited from Complainants account. As the Complainant has repaid the amount late the Opponents agents started harassing and threatening the Complainant and his family members. As per the credit card statement from 10/04/2006 to 10/04/2009 the position is as follows:- On dt.10/02/2008 the Opening Balance was Rs.28,565=50 and the Closing Balance was Rs. 28,565=50. Therefore as per negotiation, the Complainant has paid Rs.15,000/- and hence account of the credit card should have been settled as Zero Balance. However Rs.14,108=90 was shown as closing balance which is totally wrong. As on 10/04/2009 Opening Balance was Rs.31,893=15 and the Closing was Rs. 31,893=15 the Complainant has paid Rs.35,850/-. The Opponents charged following amount to the Complainant allegally:- Interest Overlimit Late Payment Auto Debit Service Tax Charged Charges Charges Return Fees 4 times 19172=83 12,500/- 8401=00 4750=00 5511=91 In this complaint it is observed that the Opponents have charged exorbitant
.. 4 .. interest charges of Rs.19,172=83 to the Complainant in addition to Service Tax Rs. 5511=91 Overlimit Charges Rs. 12500=00 Late Payment Charges Rs. 8401=00 Auto Debit Return Fees Rs. 4750=00 Therefore, it is against the principles and guidelines isisued by Hon'ble Reserve Bank of India to the Customers from time to time. It is clear from the above position that the Opponents has voilated the principles and guidliness of the Reserve Bank of India. With this view we pass the following order:- O R D E R 1.Complaint no. 57/2009 is partly allowed and disposed off. 2.The Opponent are ordered to clear the account of the Complainant as Zero balance as the payment has been affected to them as per negotition and agreement between the parties. 3.The Opponents to pay Rs.2,000/-(Rs. Two Thousand Only) to the Complainant towards mental harassment/agony. 4.The Opponents to pay Rs.2,000/- (Rs. Two Thousand Only) to the Complainant towards legal fees. 5.The Opponent to follow this order within 30 days from the receipt of this order directly payment or else penal proceeding shall be initiated. 6. Certified copies be furnished to the parties free of charges.
THANE DATE : 30/03/2010
(MR. P. N. SHIRSAT)(SAU. SHASHIKALA S. PATIL) MEMBER PRESIDENT | 
