DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 454 of 11.12.2017

                                      Decided on: 10.12.2020

Subash Chander Makkan aged 65 years son of Sh.Kundan Lal R/o H.No.411, Ranjit Nagar, Bhadson Road, Patiala.

                                                                   …………...Complainant

                                      Versus

1. ICICI Credit Card Division, Leela Bhawan Patiala through its Manager.
2. ICICI Bank Tower, Bandra Kurla Complex, Mumbai Sub Urban Maharashtra-40051.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member

                                      Sh. Y.S.Matta, Member 

ARGUED BY

                                       Sh.Dhiraj Puri, counsel for the complainant.

                                      Sh.R.K.Pandey, counsel for OPs.                         

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Subash Chander (hereinafter referred to as the complainant) against ICICI Credit Card and Anr. (hereinafter referred to as the OP/s).
2. The brief facts of the case are that the complainant is the regular user of credit card and is paying the petty bills through his credit card and always maintains surplus deposit in his account.
3. It is averred that the perusal of statement of account for the period of September 28,2017 to October 27,2017 shows an amount of Rs.1183.46 paisa charged on 19.10.2017 i.e. Rs.500/- on account of late payment  fee and Rs.90/- on account of IGST. On 27.10.2017 Rs.518.19 paise as interest charges and Rs.93.25 for GST.
4. It is further averred that the complainant immediately approached UCO Bank about his statement of account which shows that amount of Rs.8700/- has been debited vide cheque No.000009 dated 10.10.2017 on 12.10.2017 in their account but the credit of amount of Rs.8700/- has been shown on 20.10.2017.
5. It is further averred that as per normal practice it takes  2-3 working days to credit the amount in the account and the late credit of amount in the account for which the complainant has to pay extra amount, amounts to deficiency in service. The complainant approached OP No.1 to enquire as to how Rs.1183.46 was debited to his account but the OPs did not pay any heed to his request.The complainant also sent various e-mails with the request to the OPs to reverse the charge debited to his account but to no effect. Thus the act and conduct of the OPs amounts to deficiency in service which caused mental pain and agony to the complainant. Hence this complaint with the prayer  to accept same by giving  direction to the OPs to refund the amount of Rs.1183.46 to the complainant alongwith compensation of Rs.50,000/- and litigation expenses of Rs.11000/-.
6. Upon notice OPs appeared  through counsel and contested the complaint by filing written reply having raised preliminary objections that the complaint is bad for the non joinder of necessary parties as Uco Bank has not been impleaded in the case and that the complainant has no cause of action to pursue the present complaint.
7. On merits, it is submitted that the bank has received the credit of the cheque on 12.10.2017 to the office account but inadvertently credit of the same was given late to the credit card account of the complainant on 20.10.2017. Hence financial charges were accumulated to the complainant’s credit card account. The OP bank has taken the call to reverse the charges of Rs.1183.46 and the same has already been reversed on 21.2.2018. Thus, there is no deficiency in service on the part of the OPs and  prayed that the complaint be dismissed.
8. In support of the complaint, the ld. counsel for the complainant has tendered affidavit of the complainant Ex.CA alongwith documents Exs.C1 to C9 and closed the evidence.
9. The ld. counsel for the OPs tendered affidavit Ex.OPA of Arshdeep Kumar, Legal Manager ICICI Bank alongwith document Exs.OP1 copy of statement of account and closed the evidence.
10. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
11. The ld. counsel for the complainant has argued that the OPs have wrongly charged Rs.1183/- from the complainant. He has further argued that the amount was duly shown in the account of Uco Bank on 10.10.2017 but the credit of the amount of Rs.8700/- has been shown on 20.10.2017. The ld.counsel further argued that it is fault of the bank and not of the complainant. The ld. counsel further argued that the amount of Rs.1183/- has been wrongly debited so the complaint be allowed.
12. On the other hand, the ld. counsel for the OPs has argued that when it came to the knowledge of the OPs that the amount of Rs.1183/- has been wrongly debited, the same has been immediately reversed in the complainant’s account. The ld. counsel has further argued that it is fault of bank i.e. Uco Bank. The ld. counsel further argued that the amount has been paid so the complaint be dismissed.
13. To prove his case, the complainant has tendered his affidavit,Ex.CA and has deposed as per his complaint.Ex.C1 is the letter of the OPs,Ex.C2 is also letter of OPs,Ex.C3 is the copy of  statement of bank account,Ex.C4 is copy of letter of OPs,Ex.C5&C6 are also letters,Ex.C8& C9  credit card statements.
14. On behalf of the OPsArashdeep Kumar, Legal Manager tendered his affidavit Ex.OPA who has deposed as per the written statement. He has also tendered copy of credit card statement,Ex.OP1.
15. It  is the case of the complainant that he has been regularly depositing the bills to the OPs. The amount of Rs.8700/-  has been debited in his account by Uco Bank vide cheque No.000009 dated 10.10.2017 on 12.10.2017 but the amount credited to his account on 20.10.2017. He further argued that the OPs wrongly debited Rs.1183.46 on account of late payment. In the written statement it is clearly stated that the amount of Rs.1183.46 has already reversed to the account of the complainant and the complaint be dismissed.
16. A bare perusal of the complaint shows that the complainant has sought the refund of Rs.1183/- alongwith compensation but as Rs.1183.46 has already been reversed in the complainant’s account so no cause remains with the complainant . As such the complaint is dismissed with no order as to costs.   

ANNOUNCED

DATED:10.12.2020     

 Y.S.Matta                Vinod Kumar Gulati                 Jasjit Singh Bhinder

  Member                            Member                                          President