Tamil Nadu

South Chennai

795/2009

Reyaz ahmed - Complainant(s)

Versus

ICICI Bank,Manager - Opp.Party(s)

I.Manjur Alam

25 Jan 2019

ORDER

                                                                        Date of Filing  : 07.08.2009

                                                                          Date of Order : 25.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. 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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.795/2009

DATED THIS FRIDAY THE 25^TH DAY OF JANUARY 2019

                                 

Reyaz Ahmad,

S/o. Mr. Md. Abu Omer Mullick,

No.11/1, 1^st Floor, Shastri Nagar,

Near Hotel Ambica Empire,

100 Feet Road,

Vadapalani,

Chennai – 600 026.                                                      .. Complainant.                                                       

 

                                                                                                  ..Versus..

 

M/s. ICICI Bank Ltd.,

Represented by its Manager,

ICICI Towers 2^nd Floor,

Credit Cards East Wing,

Plot No.24, South Phase,

Ambattur Industrial Estate,

Ambattur,

Chennai – 600 058.                                                    ..  Opposite party.

          

Counsel for complainant            :  M/s. I. Manjur Alam

Counsel for the opposite party  :  M/s. Dev, Sai & Shaffiq Associates

 

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 refund a sum of Rs.8,870.44/- along with interest which was deducted on 17.07.2009 from the complainant’s A/c No.602601511486 and to pay a sum of Rs.4,75,000/- towards compensation for harassment, physical injury and mental agony with cost to the complainant.

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

The complainant submits that he has availed credit card No.5176 5300 3096 1000 of the opposite party.  Since the complainant is very prompt in payment and sparingly used the credit card, the opposite party issued another credit card No.5177 1942 1745 4005 with a credit limit of Rs.65,000/-.  While using the credit card occasionally and sparingly the opposite  party levied huge interest against the RBI guidelines and deducted huge amount from the complainant’s account.  Hence, the complainant approached the opposite party for settlement.  The opposite party also issued a letter dated:13.10.2008 for one time settlement on payment of Rs.7,000/- on or before 13.10.2008.  But the complainant paid the said amount of Rs.7,000/- on 15.10.2008 through the cheque bearing No.013180.  Even after payment of the amount, the opposite party has not closed the account and kept the account alive and claimed another sum of Rs.6,687/- notice through their Counsel dated:15.04.2009 and thereafter, the opposite party issued a letter dated:17.07.2009 informing the complainant that they have deducted a sum of Rs.8,870.44 towards outstanding amount from the complainant’s account No.602601511486 which is separately maintained with the opposite party.  Immediately, the complainant approached the opposite party and clarified the matter.  The opposite party’s officials told that the letter is mis-sent and the amount deducted will be re-credited.  But the opposite party has not taken any steps to re-credit the amount or close the account.   The act of the opposite party caused great mental agony.  Hence, the complaint is filed.

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 states that the complainant has applied for credit card after scrutinising and on execution of agreement, the credit card was issued to the complainant bearing No.5177 5300 3096 1000.  While being so, the complainant applied for added card also.  After verifying the account statement, the complainant was provided added card bearing No.5177 1942 1745 4005 on 28.09.2005 with a credit limit of Rs.65,000/-. Thereafter, the complainant was a chronic defaulter in payment.  The interest claimed by the opposite party is only as per the agreement and RBI guidelines.  The opposite party bank extended the full and final settlement dated:13.10.2008 at the request of the complainant and directed the complainant to pay the said amount on or before 14.10.2008.  But the complainant paid the said amount only on 15.10.2008 by way of cheque.  Hence the account was not closed and was kept alive on 04.07.2009.   The opposite party issued a debit advice to the complainant informing about the arrear amount of Rs.8870.44 and the same was debited from the complainant’s account on 17.07.2009.    Therefore, there is no deficiency in service on the part of the opposite  party and hence, 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.A6 are marked.  Proof affidavit of the opposite party is filed and no documents are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.8,870/- with interest as prayed for?

2.  Whether the complainant is entitled to a sum of Rs.4,75,000/- towards mental agony, harassment, deficiency in service etc with cost as prayed for?

5.      On point:-

The complainant has neither filed any written arguments nor turned up to advance any oral arguments.  The opposite party filed written arguments.  Heard the opposite party’s Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.   The complainant pleaded and contended that he has availed credit card No.5176 5300 3096 1000 of the opposite party.  Since the complainant is very prompt in payment and sparingly used the credit card, the opposite party issued another credit card No.5177 1942 1745 4005 with a credit limit of Rs.65,000/-.  While using the credit card occasionally and sparingly the opposite  party levied huge interest against the RBI guidelines and deducted huge amount from the complainant’s account.  Hence, the complainant approached the opposite party for settlement.  The opposite party also issued a letter as per Ex.A1 dated:13.10.2008 for one time settlement on payment of Rs.7,000/- on or before 14.10.2008.  But the complainant paid the said amount of Rs.7,000/- on 15.10.2008.  Ex.A2 is the payment receipt.  Even after payment of the amount, the opposite party has not closed the account and kept the account alive and claimed another sum of Rs.6,687/- on 15.04.2009 vide Ex.A5 and thereafter, the opposite party issued a letter dated:17.07.2009 vide Ex.A6 informing the complainant that they have deducted a sum of Rs.8,870.44 towards outstanding amount.  Immediately, the complainant approached the opposite party and clarify the matter. The opposite party’s officials told that the letter is mis-sent and the amount deducted will be re-credited.  But the opposite party has not taken any steps to re-credit the amount or close the account.   Hence, the complainant was constrained to file this case for deficiency in service by way of collecting the amount wrongly from the complainant.

6.     The contention of the opposite party is that the complainant has applied for credit card after scrutinising and on execution of agreement, the credit card number 5176 5300 3096 1000 was allotted to the complainant.  While being so, the complainant applied for added card No.5177 1942 1745 4005 also.  After verifying the account statement, the complainant was provided added card with a credit limit of Rs.65,000/-.  Thereafter, the complainant was a chronic defaulter in payment.  The interest claimed by the opposite party is only as per the agreement and RBI guidelines.  The opposite party bank extended the full and final settlement dated:13.10.2008 at the request of the complainant and directed the complainant to pay the said amount on or before 14.10.2008.  But the complainant paid the said amount only on 15.10.2008 by way of cheque.  Hence the account was not closed and was kept alive on 04.07.2009.   The opposite party issued a debit advice to the complainant informing about the arrear amount of Rs.8870.44 and the same was debited from the complainant’s account on 17.07.2009.   But the opposite party has not explained in detail after Ex.A1, full and final settlement of the account vide letter dated:13.10.2008, how the arrear amount of Rs.8,870.44 has been raised through Ex.A6 a letter sent by the opposite party dated:17.07.2009.  The opposite party also has not produced any record to prove the debit of such amount from the account of the complainant proves the deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund a sum of Rs.8,870/- with interest at the rate of 9% p.a. from 17.07.2009 and to pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.8,870/- (Rupees Eight thousand eight hundred and seventy only) with interest at the rate of 9% p.a. from 17.07.2009 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 25^th day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of settlement letter
		Copy of payment receipt
		Copy of Credit Card Statement
		Copy of Credit Card Statement
		Copy of legal notice of the opposite party
		Copy of letter of the opposite party

 

OPPOSITE  PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT