In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 341 / 2009 .
1) Mrs. Shipra Sarkar,
Sarat Pally, Nimta, Kolkata-49. ---------- Complainant
---Versus---
1) ICICI Bank,
The Manager, Credit Card Division,
ICICI Bank Ltd. Land Mark,
Race Course Circle, Vadodara-390007.
2) ICICI Bank,
The Manager, Credit Card Division,
2A, Upper Wood Street, A-wing 2nd Floor,
Kolkata-20, P.S. Park Street. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 31 Dated 19/11/2012.
The petition of complaint has been filed by the complainant Mrs. Shipra Sarkar against the o.ps. ICICI Bank. The case of the complainant in short is that complainant took credit card vide no.4902 4710 0010 5001 from o.ps. upon payment of all requisite fees and often observing all formalities and after getting such credit card complainant has started using the said credit card and h as started to pay the due amount according to the bill generated by o.ps. On 3.2.09 and on 8.2.09 the son of complainant paid Rs.80,000/- and Rs.70,000/- respectively in cash to one Ajoy Sinha claiming himself one of the collection agents of o.ps. against the aforesaid credit card and the said Ajoy Sinha who is the representative of one recovery agency namely ‘Unique Marketing’ has issued two money receipts being nos.078581575 and 078583753 to the complainant against the payment made by her. Unfortunately in the next month’s statement which generated on 17.2.09, her aforesaid payment was not reflected in the statement. In spite of making payment of Rs.1,50,000/- as aforesaid by complainant, o.ps. are still claiming Rs.3,82,509.26 to complainant and on 1.3.09 o.ps. issued a credit card statement in favour of complainant and illegally without showing any payment, claimed Rs.3,92,800.32 and not only that in this statement a cheque return of Rs.10,000/- was also reflected against complainant, which has never issued by complainant in favour of o.ps. Being aggrieved and dissatisfied complainant has sent legal notice through his advocate on 17.3.09 stating all the facts and requested to waive the said outstanding dues as it is not legal and binding upon complainant but in vain. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant had a credit card with the o.ps. bearing no.4902471000105001 in favour of complainant and complainant used the credit card and making payment of dues regularly. Accordingly, on 3.2.09 and 8.2.09 the son of the complainant paid Rs.80,000/- and 70,000/- in cash to one Ajoy Sinha claiming himself one of the collection agents of ICICI Bank against the said credit card and the said Ajoy Sinha is the representative of one recovery agency viz. Unique Marketing and issued two money receipts being no.078581575 and 078583753 in favour of complainant against the payment made by her, but the said Rs.1,50,000/- has not been shown reflected in statement dt.17.2.09 and we do not find any earthly reason as to why the o.ps. did not credit the said Rs.1,50,000/- and this act on the part of o.ps. amounts to deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to credit Rs.1,50,000/- (Rupees one lakh fifty thousand) only as against the credit card no.4902471000105001 standing in the name of complainant along with interest @ 9% p.a. from the date of payment till realization and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
