Complaint No. :181/2009 Filed on : 19/03/2009 Decided on : 20/03/2010 Duration : 01 year 00 months 01 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Shri. Vipendra Thakursingh Negi Flat no. A-3/304, Runwal Estate, Chitalsar Manpada, Ghodbundar Rd., Thane(West) – 400 607. ..Complainant V/s. 1. The Manager (Credit Card) M/s. ICICI Bank Ltd., “Landmark”, Race Course Circle, Vadodara 390007. 2. The Branch Manager M/s. ICICI Bank Ltd., RPG Tower, J.B.Nagar, Andheri Kurla Road, Andheri(E)] Mumbai 400 059. 3. The Branch Manager M/s. ICICI Bank Ltd., Glen Morgan Building, Ram Maruti Road, Thane(West) 400 602. ..Opponent
CORUM : HON'BLE MEMBER : MRS. BHAVANA PISAL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv. Sunil D. Date Opposite Party through Adv. Ashish Gogate J U D G E M E N T (20th March 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. This complaint is filed as per section 12 Under Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under:- That the Complainant states that he is working as senior level management with reputed organisation who has obtained Credit Card bearing no. 5176 5300 1607 0008 from the Opponents and still in use of the same. The Opponents no. 1 is managing and maintaining banking business and Opponent no. 2 and 3 are the branch offices of the Opponent no. 1. On dt. 09/05/2007 the Opponents has charged and wrongly debited Rs. 4797.95 from the Complainant on account of ORANGE-SI-MUMBAI vide their invoice no. 0000000066 for which the Complainant has represented the same vide his request SR 24894568 through telephone on May/June 2007. The Opponents have not taken any corrective action. Therefore again the Complainant represented to the Customer Care representative vide SR.No.37164304 and requested to produce the .. 2 .. document through which the amount hass been debited. The representative of the Opponents assured the Complainant for rectification of the wrong debit, but still the Opponents have not taken any corrective steps. Therefore the Complainant approached Mr. Sanjay the recovery agent of the Opponent who used insulting words to the Complainant. As per his advice the Complainant approached to the Branch Manager Mr. Dinesh Iyyer who instead of resolving the issue insulted and humiliated the Complainant. Therefore the Complainant met to Mr. Pravin Salve who has also humiliated the Complainant and directed him to deposit the minimum amount first and thereafter the complaint will be entertained. Therefore under protest the complainant has paid Rs.4,120/- on 11/08/2007 and Rs.2260/- on dt.07/09/2007 but still the Opponents has not solved the greivance of the Complainant. On dt.05/12/2007 the Opponents directed the Complainant to contact Mr. Dilip Dharap on different telephone numbers. The Complaiant tried to contact him several times but he was never available on the said telephone numbers. Therefore under protest the Complainant deposited Rs.10,000/- on dt. 17/11/2007 in order to show his bonafide intention to settle the issue. Still the Opponents has not taken any cognizance of the Complainant's complaint. Therefore the Complainant has issued legal notice vide dt. 07/01/2008 which is received by the Opponents but neither they have taken any cognizance nor resolved the issue. Being aggrieved and dissatisfied by the attitude of the Opponents the Complainant has filed the complaint stating therein the cause of action took place on dt.09/05/2007 when the Opponents wrongly debited Rs.4,797.95 from the Complainants accounts. The office of the Opponents is suitated at Thane. Therefore this Forums has teritorrial as well as pecuniary jurisdiction to adjudicate and decide this complaint. The prayer of the complaint is as follows:- 1.The Opponents be directed to reverse the wrong debit of Rs.4797.95. 2.The Opponents to pay Rs.1,00,000/- to the Complainant on account of mental harassment/agony. 3.The Opponents to pay Rs.2,500/- towards legal notice charges. 4.The Opponents to pay Rs.10,000/- to the Complainant towards litigation charges.
2. The Forum has issued notice to the Opposite Parties vide Exhibit no.4. The Opponents has filed written statement vide Exhibit no. 5 .. 3 .. and evidence of affidavit vide Exhibit no.6 and filed Vakalatnama vide Exhbit no.7. The Complainant has filed rejoinder vide Exhibit no.8 and affidavit vide Exhibit no. 9. The Opponents has filed written agruments vide Exhibit no.10. The Complainant has filed written arguments vide Exhibit no.11 and claim affidavit vide Exhibit no.12. The contentions of written statements and arguments of the Opponents are as follows:- At the outset the complaint is false, frivolous, vaxatious and not maintainable either on facts or in law. The Complainant has not approached the Forum with clean hands and is guilty of suppressing and distorting the true and correct facts. The Complaint is after thought and filed with ulterior motive to extort monetary benefits from the Opponents. The Complainant has made the expenditure to the tune of Rs.4,797.95 still remain unpaid. Hence as per contract the said amount is to be legally recovered with interest from the Complainant. Rest all the contents of the complaints are denied by the Opponents stating that the Complainant is not entitled for any relief from this Forum as the Forum has no teritorrial jurisdiction.
3. We have carefully perused the documents filed alongwith the Complaint, rejoinder, affidavit, written arguments of the Complainants and also the written statement, affidavit and written arguments of the Opponents filed on records. In this complaint following 2 questions arises for our consideration which are as under:- A)Whether the complaint has proved deficiency/negligency in service committed by the Opponents towards the Complainants? Answer – Yes. B)Whether the Complainant is entitled for compensation on account of mental harassment and also legal expenses? Answer – yes for the following reasons:- REASONS A) Explanation: It is crystal clear that the Opponents have issued credit card no. 5176 5300 1607 0008 to the Complainant. Hence there is a PRIVITY OF CONTRACT between the parties. The Opponents have debited Rs.4,797.95 from the accounts of the Complainants on dt.09/05/2007 without giving any satisfactory explanation. The recovery of Rs.4,797.95 wrongly done from the Complainants account. The Complainant has appproached to the various authorities of the Opponents for rectification .. 4 .. of the above wrong debit but instead of giving correct and authenticated information, the Complainant was insulted, abused and humiliated by each and every employees appointed by the Opponents. In oroder to prove the bonafide intention of the Complainant who has deposited Rs. 4,120/- on dt.01/08/2007, Rs.2,260/- on dt.07/09/2007 and Rs.10,000/- on dt.17/11/2007 UNDER PROTEST. Still the Opponents did not give any cogent and valid explanation. It is necessary on the part of Opponents to prove why Rs.4,797.95 should not be recovered from the Complainants. The Opponent did not prove the same not gave any satisfactory explanation. The burden of proof lies on the Opponents. The paragraph no.16 of the written argument of the complaint is self explanatory:- Quote :- I say that it is my specific case that I never used said credit card for tendering the said alleged amount of Rs.4,797.95. Hence I asked the Opponents to provide me the documentary evidence/proof thereof which the Opponents did not provide till date, nor communicated any justification for the same. I say that, this aforesaid act of the Opponents amounts to negligency and deficiency in their services. We are fully endosing the above contention of the Complainant. B) Explanation:- The Opposite Parties have not produced any documentary evidence to prove the amount of Rs.4,797.95 wrongly debited from the Complainants accounts. Whether it is really pertains to the Complainant? Since the amount was wrongly debited from the Complainants account, the complainants has to run around from pillar to post, but everywhere he was insulted, humiliated and abused, but none has given satisfactory and cogent explanation. The above acts of the Opponents are wrong and hence they are duty bound to compensate the Complainant appropriately. Moreover the Opponents have violeted the Golden rules framed by RESERVE BANK OF INDIA about the credit card faclities stating therein not to apply unfair trade practice, recovery of exorbitant interest charges, applying goondagiri for recovery of interest etc. We are of the view that the Opponents are negligent and deficient in their services towards the Complainant. With this view we pass the following final order:- O R D E R 1. Complaint no. 181/2009 is partly allowed and disposed off. 2. The Opponents to pay Rs.4,797.95 (Rs. Four Thousand Seven Hundred Ninty Seven Ninty Five Paise) to the Complainant forthwith . .. 5 .. 3. The Opponents to pay Rs.3,000/-(Rs. Three Thousand Only) to the Complainant on account of mental harassment. 4.The Opponents to pay Rs.2,000/-(Rs. Two Thousand Only) to the Complainant on account of legal expenses. 5.The Opponents to follow this order jointly and serverally within 30 days from the receipt of thie order through direct payment. 6. Certified copies be furnished to the parties free of charges.
THANE DATE : 20/03/2010
(MR. P. N. SHIRSAT) (MRS. BHAVANA PISAL) MEMBER MEMBER
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