DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 25th day of January, 2008<br /> <br /> Present: Prof.O.Unnikrishnan, President I/C<br /> Mrs.K.P.Suma, Member<br /> CC No.54/2007<br /> <br /> O.R.Gopalakrishnan,<br /> S/o.Raman,<br /> Sakthi Auto Fuels,<br /> Main Road, Chittur,<br /> Palakkad – 678 101. - Complainant <br /> (Represented by Adv.V.V.Girish)<br /> Vs<br /> <br /> 1.M/s.ICICI Bank Credit Cards Operations,<br /> P.O.Box No.7931,<br /> Tulsiwadi Post,<br /> Mumbai – 400 034.<br /> (Represented by K.C.Viswanathan, Advocate)<br /> <br /> 2.M/s.ICICI Bank Ltd.,<br /> Udaya Towers,<br /> Near Fort Maidan,<br /> Palakkad. - Opposite parties <br /> (Represented by K.C.Viswanathan, Advocate)<br /> <br /> O R D E R<br /> By Mrs.K.P.Suma, Member<br /> <br /> The complainant had a current account with the opposite party bank and the same was closed. After that the opposite party going on sending accounts statements on the assumption that the complainant is having credit card by No.4864106000906000. The complainant neither applied for credit card nor accepted or used the credit card. The complainant neither applied for nor approached the opposite party for the issuance of credit card. Moreover the<br /> : 2 :<br /> opposite party not so far issued credit card to the complainant. The complainant has not given consent either expressly or impliedly to the opposite party to issue credit card. If that being the position, the opposite party going on sending accounts statements regarding the credit card caused lot of mental agony and stress to the complainant. On receiving the account statement the complainant contacted the opposite party over phone and explain to them all those difficulties caused due to the act of opposite party. The opposite party promised that no account statement will be sent in future. But evenafter that the opposite party going on sending account statement incorporated service tax, interest, late fee etc. The complainant sent a letter to the opposite party on 14.11.2006 stating the facts and directed the opposite party to cancel the credit card issued in the name of the complainant. The complainant alleges that the above act of opposite party amounts to unfair trade practice. Hence he has approached this forum seeking an order directing the opposite party to pay damages to the tune of Rs.1 lakh to the complainant for unfair trade practice and deficiency of service committed by the opposite party and to pay Rs.5000/- towards costs of this proceedings. <br /> <br /> Complaint was admitted and notice was issued to opposite parties for appearance. Opposite party entered appearance and filed their versions stating the following. They admits that they had sent certain account statement to the complainant relating to credit card No. 4864106000906000 as stated in the complaint. The same was inadvertent mistake on the part of the opposite parties. The opposite parties have cancelled above credit card number and has reversed the amount, if any, claimed by way of the above statement. The attempt of the complainant is to make unlawful gains from out of an inadvertent mistake which may not be entertained. The complainant has not suffered any loss due to the conduct of the opposite parties. Hence <br /> : 3 :<br /> the complaint has to be dismissed.<br /> <br /> Complainant filed proof affidavit as well as documents. Exbt.A1 and A2 were marked. Evidence was closed and matter was heard.<br /> <br /> It is evident from Exbt.A1 series that the opposite party has sent statement of accounts to the complainant even without issuing the credit card. From Exbt.A2, it is obvious that the said fact was intimated to the opposite parties. We also notice from Exbt.A2 that the complainant would resort to legal action if the opposite party bank continued to issue statement of accounts further. But opposite parties admitted in their version that the statement of accounts relating to the credit card No. 4864106000906000 was an inadvertent mistake on their part. We understood that the said credit card have canceled and has reversed the amount as claim in the statement of accounts issued to the complainant. We are of the view that opposite parties ought to have avoided the inadvertent mistake which have caused mental agony to the complainant for which, he had to be compensated. The complainant who has already settled the account is not to be harassed by continuously receiving the statements showing the amounts as outstanding and not correcting it despite being informed through Exbt.A2 notice. This is a clear case of deficiency of service on the part of the opposite party bank. In this context we are inclined to allow this complaint.<br /> <br /> Having said so, the question is the amount of compensation which the complainant shall be entitled to. The complainant has prayed for Rs.1 lakh as compensation which is neither supported by any detail nor appears to have any basis or rationale. It is true that he kept on receiving the statements for 4 months or so, which is a case of deficiency in service on the part of the <br /> : 4 :<br /> opposite party bank. <br /> <br /> In the above mentioned circumstances in our view, the complainant shall be entitled to reasonable compensation.<br /> <br /> Hence we direct the opposite parties to pay a sum of Rs.250/- (Rupees Two hundred and fifty only) as compensation towards mental agony suffered by the complainant along with Rs.250/- (Rupees Two hundred and fifty only) as costs of this proceedings. The opposite parties shall pay the whole amount within four weeks from the date of communication of this order.<br /> <br /> Pronounced in the open court on this the 25th day of January, 2008<br /> <br /> President I/C (Sd)<br /> Member (Sd)<br /> <br /> Appendix <br /> Exhibits marked on the side of complainant <br /> Exbt.A1 (Series) 4 in Nos. – Account statements issued by opposite party bank<br /> Exbt.A2 – Copy of the notice issued to opposite party by complainant <br /> Exhibits marked on the side of opposite parties<br /> Nil<br /> Costs (allowed)<br /> Rs.250/- (Rupees Two hundred and fifty only) allowed as cost of proceedings<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent