Tamil Nadu

South Chennai

57/2009

C.Gopi - Complainant(s)

Versus

ICICI Bank , Ltd ,Credit card - Opp.Party(s)

J.Arun Prasad & Ranjani Devi

09 Aug 2018

ORDER

                                                                        Date of Filing  : 19.12.2008

                                                                          Date of Order : 09.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                   : MEMBER-I

 

C.C. No.57/2009

DATED THIS THURSDAY THE 09^TH DAY OF AUGUST 2018

                                 

Mr. C. Gopi,

S/o. Mr. Chenna Kesavalu,

No.45/16, Lakshmi Kesavalu Illam,

Barathi Street,

Kamamrajapuram,

Ambattur,

Chennai – 600 053.                                                     .. Complainant.                                                      

 

     ..Versus..

 

M/s. ICICI Bank Limited,

Credit Card Division,

Rep. by its Manager,

Floors 2-4, Old No.683/ New No.298,

Opp. Anand Theatre Bus Stop,

Anna Salai,

Chennai – 600 002.                                                 ..  Opposite party.

          

Counsel for complainant      :  M/s. J. Arun Prasad & others

Counsel for opposite party  :  M/s. Poornima & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to issue ‘No Due Certificate’ to the Credit Card Account bearing No.5176 5300 1770 2005, to pay a sum of Rs.1,00,000/- towards compensation for mental agony, loss, inconvenience and hardship suffered by the complainant with cost to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that he is having Savings Bank Account and the credit card facility with the opposite party.   The complainant availed credit card loan of Rs.55,000/-.   While sanctioning the loan, the opposite party collected 12 post dated cheques for the due repayment of the said loan in 12 monthly instalments.   By encashing the cheque, the opposite party can realise the monthly instalments.  The complainant further states that on 29.03.2007, the opposite party debited a sum of Rs.3,060/- and on 08.05.2007, debited a sum of Rs.5,939/- from the account of the complainant stealthily without any intimation.  Further the complainant submits that the opposite party approached the Tamil Nadu State Legal Services Authority and filed a case No.94791/B/2007 for a sum of Rs.49,927/-.  The complainant also appeared before the authority and the matter was settled by agreeing to pay a sum of Rs.30,000/- in full and final settlement of the entire claim  pertaining to the credit card account No.5176 5300 1770 2005.   Further the complainant submits that the opposite party issued notice dated:15.07.2008 claiming a sum of Rs.19,927.23/- as on 08.07.2008 wantonly to the award passed by the Tamil Nadu Legal Services Authority.  Further the complainant submits that the opposite party in order to humiliate the complainant, published his name in CIBIL thereby, the complainant is not able to avail loan from M/s. Barclays Bank for celebrating marriage functions. Hence the complainant issued legal notice dated:19.08.2008 and thereafter filed this complaint.

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party state that he issued credit card to the complainant bearing No.5176 5300 1770 2005.  The complainant has availed loan also.  For the purpose of repayment, the opposite party collected 12 post dated cheques from the complainant.    The complainant is a chronic defaulter in payment of loan.  Hence the opposite party approached the Tamil Nadu State Legal Services Authority wherein award was passed.  The complainant’s name also published in CIBIL.   There is no evidence to support the claim of damages or to justify the compensation or loss suffered by the complainant.  Normal Banking Procedure has been followed and there is no malafide in the actions of the Bank.   There is no deficiency in service on the part of the opposite party.   Therefore, the complaint is liable to be dismissed.

3.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A19 are marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

4.      The points for consideration is :

1. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, deficiency in service etc as prayed for?
2. Whether the complainant is entitled to ‘No due certificate’ from the opposite party as prayed for with cost?

5.      On point:

The opposite party filed written arguments. Heard the complainant’s Counsel.   Perused the records namely complaint, written version, proof affidavits, documents etc.   The learned Counsel for the complainant contended that he is having Savings Bank Account and the credit card facility with the opposite party.   The complainant availed credit card loan of Rs.55,000/-.   While sanctioning the loan, the opposite party collected 12 post dated cheques for the due repayment of the said loan in 12 monthly instalments.   By encashing the cheque, the opposite party can realise the monthly instalments.  The learned Counsel for the complainant further contended that on 29.03.2007, the opposite party debited a sum of Rs.3,060/- and on 08.05.2007, debited a sum of Rs.5,939/- from the account of the complainant stealthily without any intimation as per Ex.A5 which caused great inconvenience and mental agony.  

6.     Further the contention of the complainant is that the opposite party approached the Tamil Nadu State Legal Services Authority and filed a case No.94791/B/2007 for a sum of Rs.49,927/- as per Ex.A8.  The complainant also appeared before the authority and the matter was settled by agreeing to pay a sum of Rs.30,000/- in full and final settlement of the entire claim  pertaining to the credit card account No.5176 5300 1770 2005.  The complainant also paid the said amount of Rs.30,000/- as per Ex.A9 & Ex.A10.  Accordingly, the opposite party is liable to issue ‘No Due Certificate’.   But the opposite party without issuing such certificate, approached the Tamil Nadu Legal Services Authority once again, against the award dated:20.12.2007.  Further the contention of the complainant is that the opposite party issued notice claiming a sum of Rs.19,927.23/- as on 08.07.2008 wantonly as per Ex.A15 giving a go by to the award passed by the Tamil Nadu Legal Services Authority amounts to deficiency in service.  Further the contention of the complainant is that the opposite party in order to humiliate the complainant, published his name in CIBIL as per Ex.A14 thereby, the complainant is not able to avail loan from M/s. Barclays Bank for celebrating marriage functions. Hence the complainant was constrained to issue legal notice dated:19.08.2008 as per Ex.A16 and filed this case claiming compensation and no due certificate. 

7.     The contention of the opposite party is that admittedly, the opposite party issued credit card.  The complainant has availed credit card loan also.  For the purpose of repayment, the opposite party collected 12 post dated cheques from the complainant.    The complainant is a chronic defaulter in payment of loan.  Hence the opposite party approached the Tamil Nadu State Legal Services Authority wherein award was passed.  The complainant’s name also published in CIBIL.   There is no deficiency in service on the part of the opposite party.   But it is very clear that the complainant has paid the entire award amount of Rs.30,000/- as per Ex.A9 & Ex.A10.  The opposite party without issuing notice to the complainant published in CIBIL. The opposite party has not issued any ‘No Due Certificate’ also is proved.  Considering the facts and circumstances of the case this Forum is of the considered view that the complainant has paid the entire amount as per the award of the Tamil Nadu State Legal Services Authority.  Hence the opposite party is liable to issue ‘No due certificate’ and a compensation of Rs.10,000/- towards mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is liable to issue ‘No Due Certificate’ to the complainant and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 09^th day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of the Amortization Schedule Issued by the opposite party
		Copy of the letter sent by the complainant
		Copy of the letter sent by the complainant
		Copy of the payment receipt issued by the opposite party
		Copy of the statement receipt issued by the opposite party
		Copy of the notice received from the Tamil Nadu State Legal Services Authority
		Copy of the Statement received from the opposite party
		Copy of the statement Memo issued by the Lok Adalat
		Copy of the payment receipt issued by the opposite party
		Copy of the entries made in the Savings Pass book
		Copy of the letter sent by the complainant
		Copy of the postal receipt
		Copy of the letter received from the Barclays Bank PLC
		Copy of the status report
		Copy of the letter received from the opposite party
		Copy of the legal notice issued by the complainant
		Copy of the postal receipt
		Copy of the letter issued to the Post Office by the complainant
		Copy of the reply received from the Post Office

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT