Tamil Nadu

South Chennai

CC/412/2015

M/s.K.Sekar - Complainant(s)

Versus

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

K.Surendar

02 Jan 2020

ORDER

                                                                                 Date of filing  : 28.10.2015

                                                                                   Date of Order : 02.01.2020

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.412/2015

DATED THIS THURSDAY THE 02^ND DAY OF JANUARY 2020

                                 

Mr. K. Sekar,

S/o. Mr. Krishnan,

No.5/2, Bharathi Nagar,

Panchaliamman Koil Street,

Arumbakkam,

Chennai – 600 106.                                                        .. Complainant.                                                     

..Versus..

 

M/s. ICICI Bank Limited,

Represented by its Managing Director,

Floor Nos.2-4, Old No.683, New No.298,

Anna Salai,

Chennai – 600 002.                                                    ..  Opposite party.

 

Counsel for the complainant  :  M/s. K. Surendar & another

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to restrain the opposite party, its men, its agents, representatives, harassing or disturbing the complainant or his family members and to pay a sum of Rs.5,00,000/- towards compensation for damages with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed 3 credit cards from the opposite party bearing Nos.4477465327703006, 9401270106200004 & 4477473506575005.   During the month of November 2008 to August 2009, he surrendered all the 3 credit cards to the opposite party and entered into one time settlement.   The complainant submits that during November 2008, the complainant sought to surrender his credit card bearing No. 4477473506575005.   At that point of time, the opposite party had put forth a proposal for a full and final settlement on payment of a sum of Rs.57,000/- by the complainant and accordingly, a letter dated:10.11.2008 to that effect was issued by the opposite party.    Thus, upon repaying the entire sum of Rs.57,000/- in the manner stipulated in the aforesaid letter, the complainant was informed by the opposite party that the credit card account bearing No.4477473506575005 stood closed.  The complainant submits that during August 2009, the complainant sought to surrender his credit card bearing No.9410270106200004 for a full and final settlement on payment of Rs.1,20,000/- and accordingly a letter dated:26.08.2009 to that effect was issued by the opposite party.  

2.     The complainant submits that during the year 2008, the complainant had duly settled the dues payable towards the credit card bearing No.4477465327703006 and surrendered the same to the opposite party.   The complainant submits that during the month of October 2013, the opposite party indulged in unscrupulous harassment of the complainant and family members by way of sending its employees to the residence and office of the complainant demanding huge amount without any basis. Further, the complainant submits that the employees of the opposite party in behaving like henchmen, used filthy language, abused and threatened the complainant and family members.   The complainant submits that since the opposite party behaved like henchmen and abused him and the family members, the complainant issued legal notice to the opposite party dated:17.01.2014.   Even after receipt of notice, the opposite party has not sent any reply.   The act of the opposite party caused great mental agony and inconvenience to the complainant.   Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite party has not appeared before this Forum and hence, the opposite party was set ex-parte.

4.     Though the opposite party remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint, the proof affidavit is filed by the complainant as his evidence and also documents Ex.A1 to Ex.A4 are marked.  

 

6.      The points for consideration is:-

1. Whether the complainant is entitled to the relief of restraining the opposite party, its men, agents, representatives, harassing or disturbing the complainant or his family members as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for damages with cost as prayed for?

7.      On point:-

The opposite party after receipt of notice not appeared in this Forum and remained ex-parte.  The complainant filed proof affidavit, documents, written arguments etc.  The complainant pleaded and contended that he availed 3 credit cards from the opposite party bearing Nos.4477465327703006, 9401270106200004 & 4477473506575005.   During the month of November 2008 to August 2009, he surrendered all the 3 credit cards to the opposite party and entered into one time settlement as per Ex.A1 & Ex.A2.   But on a careful perusal of Ex.A1 & Ex.A2, it is very clear that Ex.A1 is related to the credit card A/c No. 4477473506575005.   Similarly, Ex.A2 is related to the credit card No. 9401270106200004.   There is no document to prove the alleged one time settlement related to the credit card No. 4477465327703006.   Equally, there is no iota of evidence in this Forum to prove that the complainant paid the amount towards the three credit cards and settled the credit card account also.   Further the contention of the complainant is that during the month of October 2013, the opposite party indulges in unscrupulous harassment of the complainant and family members by way of sending its employees to the residence and office of the complainant demanding huge amount without any basis.  But there is no evidence produced in this Forum by the complainant.  Further, the allegation of the complainant is that the employees of the opposite party in behaving like henchmen, used filthy language, abused and threatened the complainant and family members.   But there is no evidence.  

8.     Further the contention of the complainant is that since the opposite party behaved like henchmen and abused him and the family members the complainant issued legal notice to the opposite party dated:17.01.2014 as per Ex.A3.   Even after receipt of notice, the opposite party has not sent any reply.   Hence, the complainant is constrained to file this case claiming the relief of retraining the opposite party, its men, agents, representatives, harassing or disturbing the complainant or his family members with a compensation of Rs.5,00,000/-.  But on a careful perusal of records, the complainant has not produced any document to prove that the dues related to the credit card Nos. 4477465327703006, 9401270106200004 & 4477473506575005 was paid and settled.  The law is well settled that ‘a defaulter cannot maintain the Consumer Complaint’.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 02^nd day of January 2020. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	10.11.2008	Copy of letter issued by the opposite party
Ex.A2	26.08.2009	Copy of letter issued by the opposite party
Ex.A3	17.01.2014	Copy of legal  notice issued by the complainant
Ex.A4	19.01.2015	Copy of acknowledgement card

 

 

 

MEMBER                                                                                                                                               PRESIDENT