Tamil Nadu

Thiruvallur

CC/34/2014

R.H.Muralidhar - Complainant(s)

Versus

M/s ICICI Bank, Credit Card Division. - Opp.Party(s)

M/s S.Purushothamadoss

06 Aug 2015

ORDER

                                                                     Filed On:09.06.2014

                                                                     Disposed On:06.08.2015

 

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR

                PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M                 : PRESIDENT

                TMT.    S. SUJATHA, B.Sc.,                                              :  MEMBER-I

                 

Thursday, the Day of 6^th August-2015

CC. No. 34 / 2014

 

 

R.H.Muralidhar,

No.7B, Ramakrishna Main Road,

Porur 600 058.                                                        …Complainant

 

-Vs-

 

 

 

M/s.ICICI Bank,

Credit Card Division,

No.24, III Floor,

Ambathur Industrial Estate,

Ambathur, Chennai – 600 058.                                                   …Opposite Party

 

 

Counsel For Complainant                 : M/s. S. Purushothamadoss &          

                                                                               R. Ramanathan, Advocate

 

Counsel For Opposite Party             :  Set Exparte

                  

 

This Complaint is coming upon before us finally on 24.07.2015 in the presence Mr.S.Purushothamadoss & R.Ramanathan, Advocates on the side of the complainant and initially M/s. Stalwart Law Firm, Advocate on the side of the  Opposite Party appeared and subsequently non appearance of the Opposite Party he was Set Exparte  and upon hearing arguments on the side of the complainant  and perused the documents and evidence, this Forum delivered the following,

ORDER

 

PRONOUNCED BY THIRU. S. PANDIAN, PRESIDENT

 

 

          This Complaint is filed by the Complainant U/S 12 of the Consumer Protection Act 1986, to direct the opposite party to pay the sum of Rs. 5,499/- with interest at a rate of 24% P.A., from 24.05.2012 and Rs.1,00,000/- towards compensation for the mental agony and cost.

 

The Brief Facts of the complaint are as follows:

1.       The complainant is having platinum credit card with no. 46298644, 10661055 and he was maintaining the card regularly on 24.05.2012 an amount of Rs. 5,499/- was debited from his account as charges for “DINING PLUS”.  But the complainant never spent such amount for dining and the amount is recovered without the knowledge of the complainant and he is not connected in any manner for the amount recovered from his account.

 

2.       The complainant immediately when he came to know about the recovery of Rs.5,499/- he informed the credit card division and requested to pay the said amount into his account and his complaint number is 225373563.   It is further  stated  that the opposite party failed and neglected to act after receiving the complainants and the opposite party not even sent the statement of account from the month of April 2012.

 

3.       Finally the complainant sent a lawyer notice on 12.07.2013 to return the said sum of Rs.5,499/- with interest and also to pay Rs.25,000/- towards compensation for the mental agony caused by the opposite party but the opposite party even after receiving the lawyer notice never replied so far and still giving torture through phone and in person and demanding huge amount the complainant sent several representations but in vain all his attempts evaded futile.  Hence, this complaint.

4.       On the side of the complainant the proof affidavit submitted for his evidence and Ex.A1 to A4 marked.

                            

5.       Initially the opposite party appeared through counsel and after filing of  Written Version, the opposite party has not chosen to appear before this Forum, inspite of sufficient opportunities was given.  Hence, the opposite party was Set Exparte.

 

6.       Since the opposite party filed written version, though the opposite party remained Exparte, this forum wants to decide this case purely on merits with the available evidence.

 

7.       At this juncture, the points for determination before this forum is,

1. Whether it is correct to pay that there is any deficiency of service on the part of the opposite party as alleged in the complaint?
2. To What other relief the complainant is entitled?

8.       Written Arguments submitted by the complainant and also adduced the oral Arguments.

9. Point No. 1:-    Regarding this point it goes without the allegation of the deficiency in service on the part of the opposite party.  On careful perusal of the proof affidavit and the written version, it is an admitted fact that the complainant having the operation of the platinum credit card which was issued by the opposite party vide No. 46298644, 10661055.    It is stated by the complainant that though he never spent any amount for dining purpose, the opposite party debited an amount of Rs.5499/- from his Account on 24.05.2012 as charges for “Dining Plus” and received without the knowledge of the complainant and immediately the complainant wrote a letter Ex.A1 to the opposite party but the opposite party neglected the complainant.   Then the complainant had issued the legal notices Ex.A2 & Ex.A3 on 12.07.2013 and 17.01.2014 respectively to the opposite party.      Even then, the opposite party did not care and despite of sending reply, the opposite party demanded exorbitant amount by means of SMS through Mobile Phone which is marked as Ex A4 and thereby causing mental agony.

 

10.     Whileso, on going through the Written Version, it is contended that the statement of accounts of the opposite party reflects the usage of the credit card by the complainant for dining at, ‘Dining Plus’, and an receipt of the complaint from the complainant, that he has not made any payment to the said Dining Plus through his credit card and requested to reverse the same, the opposite party having valued the relationship of the complainant and the opposite party reversed the alleged sum of Rs. 5499/- on 24.05.2012 and the same is clearly visible in the statement of account of the complainant and so that this complaint is a sheer abuse of  process of law and have this complaint is liable to be dismissed.

 

11.            At the outset, on careful perusal of the rival submissions put forth on either side, though the opposite party has averred about the statements of accounts of the complainant in the written version but the same was not actually filed before this forum, along with the written version.  Further, as narrated in the previous paragraph, the complainant has proved the allegations regarding the deficiency in service by the opposite party by means of proof affidavit and with relevant documents viz. Ex.A1 to Ex.A4.  Whereas, simply the opposite party filed the Written Version and subsequently he was kept silent.  Not only that the opposite party has neither appeared in person or through his counsel to get on the further proceedings.  Moreover, the opposite party has not chosen to file his proof affidavit as his evidence and not come forward to mark the statement of accounts as documents as averred in the Written Version which is very well available with his bank in order to rebut the evidence of the complainant in spite of repeated opportunities were given and therefore this Forum can easily be drawn the adverse inference against the opposite party 

 

12.              In the light of the above facts and circumstances, this forum, concluded that the complaint has clearly by proved the allegations made in the complainant and thereby, there is a deficiency in service on the part of the opposite party. Thus, this point No-1 is answered accordingly.

 

13. Point No. 2:-      As per the decision arrived in point No. 1, there is no hindrance to decide that the complainant is entitled for the relief as prayed with the reasonable compensation and with cost.  Thus this point No. 2 is answered accordingly.

 

14.             In the Result, this complaint is allowed in part.  Accordingly, the opposite party is directed to pay the sum of Rs.5,499/- (Rupees Five Thousand four hundred and Ninety Nine Only) with interest at a rate of 9.5% P.A from the date of the complaint i.e from 20.05.2014 to till the date of this order and to pay a compensation for a sum of Rs. 2,000/- (Rupees Two Thousand Only) for mental agony and Rs. 1,000/- (Rupees One Thousand Only) towards cost.

 

                    The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which the said amount shall carry interest at the rate of 9% P.A till the date of payment.

 

                    Dictated by the president to the steno-typist, transcribed and computerized by her, correctly by the president and pronounced by us in the open forum on this 6^th August-2015.

 

 

Sd/-                                                                          Sd/-

MEMBER-I                                                PRESIDENT       

 

 

List of complainant documents:

 

Ex..A1        Dt. 25.05.2012     -  Xerox Copy of Notice by the complainant 

                                                     to the opposite party

 

Ex.A2         Dt. 12.07.2013     -   legal notice issued by the complainant to

                                                      the opposite party

 

Ex.A3         Dt. 17.01.20         14   -   legal notice issued by the complainant to 

                                                      the opposite party

 

Ex.A4         Dt. 13.02.2014     -  SMS through Mobile phone

 

 

List of Opposite Party documents:     -Nil-

 

 

 

 

 

Sd/-                                                                  Sd/-

MEMBER-I                                           PRESIDENT