Date of filing: 22.06.2018
Date of disposal : 28.04.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.VINODH KUMAR., B.Sc., B.L., .....MEMBER-I
THIRU.P.MURUGAN,M.Com.ICWA(Inter),B.L., ....MEMBER-II
RBT/CC. No.43/2022
THIS FRIDAY, THE 28th DAY OF APRIL 2023
(CC.No.04/2019 sent from DCDRC, Chennai North)
Mrs.G.A.Chamundeeswari,
D/o.Dr.G.Arumugam,
No.5, BLN Prasad Nagar,
Kaikan Kuppam,
Valasravkkam, Chennai 87. ……Complainant.
//Vs//
1.ICICI Credit Card Division,
Rep. by its Manager,
No.24, Arihant Building,
3rd Floor, Industrial Estate,
Ambattur, Chennai 600 058.
2.ICICI Bank Limited,
Rep. by its Managing Director,
ICICI Bank Tower,
Registered Office, Near Chakli Circle,
Old Padra Road,
Vadodara, Gujarat 390 007. .......Opposite parties.
Counsel for the complainant : M/s.S.A.Srinivasan, Advocate.
Counsel for the opposite parties : M/s.K.Kumaran, Advocate.
This complaint has been filed before DCDRC, Chennai (North) as CC.No.04/2019 and transferred to this commission by the order of the Hon’ble State Consumer Disputes Redressal Commission, Chennai and taken on file as CC.No.43/2022 and this complaint coming before us on various dates and finally on 03.04.2023 M/s.S.A.Srinivasan counsel for the complaiant and M/s.K.Kumaran counsel for the oppostie parties appeared and upon perusing the documents and evidences of both sides, this Commission delivered the following:
ORDER
PRONOUNCED BY THIRU. P.MURUGAN, MEMBER –II
This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service with regard to usage of Credit Card along with a prayer to direct the opposite parties to refund a sum of Rs.2712.77 with 24% interest per annum and to pay a sum of Rs.1,00,000/- towards compensation for the mental agony and hardship caused to the complainant along with cost of the proceedings.
Summary of facts culminating into complaint:-
The complainant who is working in a reputed firm and regularly using the credit card and the opposite party had provided a credit card bearing No.4375 5105 7720 4008 and the payment for the credit card was very regular before due dates without any default. While so, on 28.05.2016 she tried to make a payment of Rs.2247.50 and Rs.441/- totaling to an amount of Rs.2688.50/- in favour of one M/s.Dr.Sheshiah hospital with the same credit card but it was declined payment by the opposite party but the amount which was not paid to the beneficiary was reflected in her credit card account and an SMS was sent by the opposite party to her mobile to that effect, that is payment made to the beneficiary. In short words, there is debit entry made in her account though payment was not made. Since the payment was not through to the other and namely M/s Dr.Sheshiah hospital, the complainant had made payment of the said amount i.e. 2241.50/- and Rs.441/- totalling to aggregated total amount of Rs.2688.50/- with her husband’s debit card issued by the SBI vide Pos 00018066 8889 and 000 180688942 to the beneficiary M/s.Dr.Sheshiah hospital. On the same day of the event the complainant had contacted the opposite party’s customer care debit, over phone and reported the payment declination and the SMS on payment details for which the opposite parties acknowledged and informed that it was a wrong message and assured that the said amount would not be charged in her account. Thereafter, the complainant has received credit card statement in the month of October 2016 in which the opposite parties have made a demand of Rs.2247.50/- and Rs.441/- totaling to an amount of Rs.2688.50/- towards transaction declined/not paid to beneficiary as on 25.08.2016 purported to have been to Dr.Sheshiah hospital from her card. Though the complainant has made several attempts protesting the demand, including written complaints the opposite parties have insisted on payment and on compulsion and to maintain the status in society, the complainant has paid the said amount to avoid penal charges which is heavier if the payment is not made. The complainant has issued a notice in this regard to that effect which was not responded by the opposite parties. As a last resort the complainant has filed case in this commission seeking relief orders to get back the amount paid for a transaction which never took place with interest and compensation of Rs.1,00,000/- towards compensation for the defective service and for the mental agony cause in this regard.
Crux of the defense put forth by the opposite parties:-
In their defense, the opposite parties have accepted their wrong entry un-claim of amount which was not made for the credit card pertaining to the complainant and refunded to the complainant through transaction reflected in the statement amounting to Rs.2247.50/- and Rs.441/- aggregating to Rs.2688.50/-. The credit of amount made on 15.02.2017 itself and there cannot be any grievance to the complainant on such issue, states the opposite party. Their point of argument is that it is a settled issue and any non reply will not amount to admission under the act, sought for the complaint to be dismissed.
On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A17. On the side of the opposite parties proof affidavit was filed no documents was filed on their side.
Points for consideration:
Whether there is any deficiency in service on the part of opposite parties as alleged by the complainant?
If so to what reliefs the complainant is entitled?
Point Nos.1 & 2:-
The complainant has been provided with a credit card bearing No.4375 5105 7720 4008 by the opposite parties which was regularly used by her and the payment was made before due dates without any default. While so on 28.05.2016 she tried to make a payment of Rs.2247.50/- and Rs.441/- totaling to an amount of Rs.2088.50/- in favour of M/s.Dr.Sheshiah Hospital with the same card but declined payment by the opposite parties and the amount which was not paid to M/s.Dr.Sheshiah Hospital was reflected in her ICICI Credit Card Account and an SMS was sent by the opposite party to her mobile to that effect. In short, there is debit entry made in her account though payment not made. Since the payment was not through to the other end namely M/s.Dr.Sheshiah Hospital, with her credit card, the complainant has made a payment of said amount i.e. Rs.2247.50/- and Rs.441/- totaling to an amount of Rs.2688.50/- through her husband’s debit card issued by SBI vide Pos 000180668889 and 000180688942 to the beneficiary M/s.Dr.Sheshiah Hospital. On the same day the complainant has contacted the opposite parties customer care over phone and reported the payment declination and SMS on payment details for which the opposite parties acknowledged and informed that it was a wrong message and assured that the said amount would not be charged in her account. Thereafter, the complainant has received a credit card statement in the month of October 2016 in which the opposite parties have made a demand of Rs.2247.50/- and 441/- totaling to an amount of Rs.2688.50/- towards the declined/not paid transaction of 28.05.2016 to M/s.Dr.Sheshiah hospital purported to have made from her credit card. Though the complainant made several complaints including written complaints, the opposite parties have claimed money and on compulsion and to maintain the status in society the complainant has paid the said amount that is to avoid penal charges which may be heavier if the payment not made. The complainant has issued a notice to this effect which was not responded by opposite parties. As the last resort the complainant has filed case in this commission seeking orders to get the refund of Rs.2712.77/- with interest and to order to pay Rs.1,00,000/- as compensation for the deficiency in service and mental agony caused to the complainant.
Though the question of territorial jurisdiction, adding the beneficiary on the transaction Dr.Shashiah Hospital and the limitation with the complicated a question of fact were raised by opposite parties in their defence, the answer for such queries answered by the complainant in their written arguments filed.
In their defence, the opposite parties have apart from putting the points as said in previous para have the accepted their wrong entry on claim of amount which was not made and refunded to the complainant and an amount of Rs.2247.50/- and Rs.441/- was given credit to the complainant on 15.02.2017 itself and there cannot be any grievance to the complainant on that issue. The defence of the opposite parties that it is a settled law that the complainant who makes allegation has to prove and a non reply will not amount to admission. The crux of the matter is that the deficiency in service provided by the bank’s credit card division and it is evident that they have not maintained the business law on the card when it is presented for payment but charged the card holder for transaction which never took place, the demand was raised and under compulsion the complainant was made to make the payment and after a gap of (28.05.2016 to 15.02.2017) many months the amount was credited back and that too without any separate communication expressing any regret on the whole episode.
It is a clear case of service deficiency in banking service and proper compensation shall be given to the complainant. Therefore an amount of Rs.50,000/- as compensation and Rs.5,000/- as cost is directed to be paid by the opposite parties jointly and severally.
In the result, the complaint is partly allowed against the opposite parties 1 & 2 directing them
To pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony and hardship caused to the complainant;
To pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant.
Dictated by the Member-II to the steno-typist, transcribed and computerized by him, corrected by the Member II and pronounced by us in the open Commission on this the 28th day of April 2023.
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MEMBER-II MEMBER I PRESIDENT
List of document filed by the complainant:-
Ex.A1 15.06.2016 Credit card Statement. Xerox
Ex.A2 15.07.2016 Credit card Statement. Xerox
Ex.A3 14.10.2016 Credit card Statement. Xerox
Ex.A4 31.10.2016 SBI Statement of Account. Xerox
Ex.A5 31.10.2016 Email sent by complainant to opposite parties. Xerox
Ex.A6 31.10.2016 Reply sent by opposite parties. Xerox
Ex.A7 15.11.2016 Credit Card Statement. Xerox
Ex.A8 30.11.2016 Email sent by complainant to the opposite parties. Xerox
Ex.A9 30.11.2016 Reply sent by opposite parties. Xerox
Ex.A10 05.12.2016 Email sent by complainant to the opposite parties. Xerox
Ex.A11 05.12.2016 Reply sent by opposite parties. Xerox
Ex.A12 16.12.2016 Credit Card Statement. Xerox
Ex.A13 02.02.2017 Email sent by complainant to opposite parties. Xerox
Ex.A14 .............. Reply sent by opposite parties. Xerox
Ex.A15 16.01.2017 Credit Card Statement. Xerox
Ex.A16 15.02.2017 Credit Card Statement. Xerox
Ex.A17 ................ Acknowledgement card. Xerox
List of documents filed by the opposite parties:-
-Nil-
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MEMBER-II MEMBER I PRESIDENT
