Delhi

New Delhi

CC/895/2009

Mukul Sharma - Complainant(s)

Versus

M/S. ICICI Bank Ltd. - Opp.Party(s)

26 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/895/09                                                                                                                                                                             Dated:

In the matter of:

Mukul Sharma,

M-14, 1^st FL, Kakaji, (Near Main Market),

Delhi-110019

……..COMPLAINANT

       

VERSUS

1. ICICI Bank Ltd.,

Videocon Tower, 2^nd Fl, E-1, Jhandewalan Extension, New Delhi-110055

Also at:

ICICI Bank Ltd.,

S.D. Tower, 3^rd FL, Sector-8, Rohini,

New Delhi-85

 

2. Indus Bank Ltd.,

28, Gopaldas Bhawan,

Barakhamba Road, New Delhi

                                        ……. OPPOSITE PARTIES

 

ORDER

Member: S.R Chaudhary

The Complainant had taken persona loan of Rs.90,000/- against his credit card during June 2008 vide loan a/c IDDEL00013770458. OP issued a cheque of Rs.87,978/- against sanctioned loan of Rs.90,000/- as processing charges. The cheuqe bearing no.545529 dated 30.06.08 drawn on ICICI bank was dishonored by OP as per Exh.A whereas OP also debited complainant a/c with the following as per Exh.B as under through ECS.

Further complainant immediately sent mail/telephonic conversation but OP assured him that further no transaction would be done in future as per Exh.C but OP never honored his commitment rather complainant was drastically harassed by recovery agent/musclemen due to negligence of OP. Consequently complaint was filed for justice after serving a legal notice dated 23.03.09.

While going through W.S and evidence, it is admitted by OP that a cheque for Rs.87,978/- was issued to complainant and also admitted that the said cheque was returned back due to delayed deposit by Complainant on 30.08.08, whereas it was issued on 30.06.08, within the validity of 3 months i.e. 30.09.08. Further OP also alleged that the Complainant never approached OP in Para2 whereas several email exchanged already placed with Complaint. Further OP also not disputed on ECS transaction in Para3 of W.S. Further OP also disputed on nominal question of interest but he has not disclosed the rate of interest levied over personnel loan rather he remained debited complainant’s a/c through ECS whereas the cheque issued to complainant was already returned back, well knows to OP even if OP deliberately remained adopting unfair trade practice to harass the complainant under policy “no payment, but interest forcibly extracted from complainant’s a/c arbitrarily”.

It appears that OP deliberately kept ECS active despite the cheque in question already dishonored by OP which clearly indicated mala fide intention that there is no payment but RMI remained alive which is clear case of deficiency and unfair trade practice on the part of OP who arbitrarily tortured complainant without any gain.

We direct OP to refund Rs.17,185/- EMI amount already debited @ 12% interest from the date of debit till realization. We also award Rs.50,000/- as harassment and litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 26.02.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER