Delhi

New Delhi

CC/1138/2008

Sujata Mulick - Complainant(s)

Versus

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

03 Jul 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/1138/08                                                                                                                                                                              Dated:

 

In the matter of:

MS. SUJATA MULICK,

W/O SH. S K MULICK,

R/O D-302, MAYURDHAWAJ APARTMENT,

PLOT NO. 60, I P EXT., PATPARGANJ,

NEW DELHI-110092.

         ……..COMPLAINANT

       

VERSUS

 

ICICI BANK LTD. 9, A, PHELEPS

CONNAUGHT PLACE, K.G. MARG,

NEW DELHI-110002.

 

ICICI BANK LTD,

VEDIOCON TOWER, JHANEWWALAN EXT.

NEW DELHI-55

 

LIFE INSURANCE CORPORATION OF INDIA,

BR UNIT 11M, 13&14 PLOT NO.407,

JULEE BANGAL MAIN G T ROAD,

DILSHAD GARDEN, DELHI-95.

 ………. OPPOSITE PARTY

 

 

 

ORDER 

 

Member: Ritu Garodia

 

The complainant in this case is against OP-1&2 ICCI Bank for transactions made on credit card without requisite consent as well as non-refund of money received back from OP-3 i.e LIC.

The facts stated are that complainant while going through her credit card statement in Feb.2007 was shocked to find that LIC premium for Rs.12,287/- was paid by OP-1 bank without any permission.  Consequently, complainant had to stop payment of cheque issued in the name LIC through her SBI account (which is annexed with the complaint). She had to undergo many inconveniences with regard to cancellation of the said premium with SBI bank.  The complainant was further assured by OP that such problems would not recur in future.  The complainant, however again, received credit card statement of March, 2007 (annexed with complainant) wherein amount was again credited to LIC account towards premium.

The complainant had already paid the premium through her SBI account on 4.2.2008.  The complainant approached OP for rectification and sent various letter dated 6.3.2008, 2.4.2008 12.4.2008, 10.5.2008 annexed with the complaint.

OP 2 in its letter dated 30.4.2008 replied that they have deactivated utility bill payment facility but they are unable to refund the debited transaction amount.  The letter further directed the complainant to seek refund from LIC i.e. OP 3.

OP-1 and 2 in its WS has stated that standing instruction for making payment of LIC premium was given to them by complainant.  OP-3 in its affidavit has stated that payment made by credit card has already been refunded to ICCI Bank  i.e. OP 1&2.

We have duly considered the pleadings and correspondence b/w the parties. LIC premium was paid through credit card in March, 2008 and is admitted by both parties.  The complainant has disputed giving any kind of consent or instructions for payment of premium.

 OP has not placed an iota of proof wherein acquiescence or instruction for complainant utility bill transaction was given.  On various complainants by the complainant, OP-1 and 2 deactivated utility bill payment facility but refused to refund the money already paid.

It is evident from the affidavit of OP-3, LIC that premium amount was refunded to OP 1 & OP 2 as the premium was already paid by complainant through her SBI account.  OP-1 & 2, despite the factum of refund by LIC did not refund the premium, kept on wrongfully directing complainant to seek refund from LIC.  It is not for complainant to seek refund from LIC.  It resulted in unjust enrichment of OP-1 and OP-2.  This implies misrepresentation led to misrepresentation and deliberate deception on the part of OP-1 and 2, resulting in severe persecution and mental torment to complainant.

We, therefore, hold OP 1&2 guilty of deficiency in services and direct OP to refund Rs.12,287/- with 9% interest from date of payment of premium till realization.  OP is further directed to rectify the credit card statement.  We also award Rs.20,000/- to complainant as compensation for harassment, deficiency in service, inconvenience and mental agony inclusive of litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken 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 03.07.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

         

 

(RITU GARODIA)

MEMBER