Tamil Nadu

North Chennai

CC/21/2011

M/s.Abishek Khariwal - Complainant(s)

Versus

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

AN.Balagan Associated

05 Apr 2017

ORDER

                                                             Complaint presented on:  24.12.2010
                                                                Order pronounced on:  05.04.2017

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)
    2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,     PRESIDENT
                    TMT.T.KALAIYARASI, B.A.B.L.,      MEMBER II

WEDNESDAY  THE 05th  DAY OF APRIL 2017

C.C.NO.21/2011

Abhishek Khariwal,
S/o. Gautam Khariwal,
New No.13, Old No.2, Nancy Street,
Purasawalkam,
Chennai – 600 007,
Rep. by his Power of Attorney Holder,
Mr.Abilash Khariwal.
                                                                                        ..... Complainant 

..Vs..

1. M/s.ICICI Bank Limited,
ICICI Bank Towers,
South Tower, West Wing, 2nd Floor,
Bandra Kurla Complex,
Mumbai: 400 051,
Rep. by Managing Director.

2. The Joint General Manager – Head Credit Cards & Personal Loans,
ICICI Bank Limited,
ICICI Bank Phone Banking Centre,
5th Floor Md. Illayas Khan Estate,
Road No.1, Banjara Hills,
Hyderabad – 500 034.

3. The General Manager – Head South Zone,
ICICI Bank Limited,
ICICI Bank Phone Banking Centre,
5th Floor Md. Illayas Khan Estate,
Road No.1, Banjara Hills,
Hyderabad – 500 034.

4. The Manager – Customer Care,
ICICI Bank Limited,
ICICI Towers, Plot No.24, South Phase,
2nd Floor East Wing, Ambattur Industrial Estate,
Ambattur, Chennai – 600 058.

5. The Manager, 
ICICI Bank Ltd.,
Uthamar Gandhi Salai,
Nungambakkam Branch,
Chennai – 600 034.
        
                                                                                                                     ...Opposite Parties    
     

Date of complaint                                : 27.10.2014
Counsel for Complainant                  :  M/s.M.Anbalagan Associates
Counsel for opposite parties                   : M/s.S.Namasivayam, R.Balambigai 
                                                                  Gowri, S.Prabhakaran and 
                                                                  J.Ravindranath Singh

O R D E R
BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,
    This complaint is filed by the complainant to direct the Opposite Parties to pay a sum of Rs.10,00,000/- towards compensation for mental agony and a sum of Rs.25,000/- towards cost of the Complaint u/s 12 of the Consumer Protection Act.1986.
1.THE COMPLAINT IN BRIEF:
    The Complainant is a customer of the Opposite Parties having credit card bearing No.9401 2701 2995 1005 for several years.  Based on the credit card he availed a personal loan of Rs.2,52,780/- on 20.10.2007.  Even though it was mentioned in the welcome letter that the amortization statement was attached, he never received the same.  In the credit card statement dated 7.11.2007, he found that a processing fees of Rs.3,792/- was mentioned.  The Complainant did not receive any information amount the processing fees.  
         2. The Complainant received a statement dated 6.12.2007 mentioning the first EMI due towards principal of Rs.9,009.67/- and interest of Rs.3,364.89/- with the payment due date as immediate.  The Complainant paid a sum of Rs.12,374.56/- on 15.12.2007 itself.  The Complainant received another statement dated 5.1.2008 with the payment due date as immediate. On 15.3.2008 the Complainant wrote a letter to the customer care of the Opposite Parties that he was informed by the credit card marketing division for the first 45 days he need not pay anything and payment schedule starts only from 18.12.2007 and further requested Opposite Parties to reverse the late payment fees and interest charges.  The loan was credited into the account of the Complainant only on 19.10.2007 and after one month only the EMI payment starts.  The Complainant had not used his credit card for any other transaction and therefore other than EMI no other payments are due from him.  The Opposite Parties charged late payment fees, service tax, interest charges and another service tax against RBI regulations.  The Complainant received statement dated 5.4.2008 charging above said charges.  
3. The Complainant sent email on 24.04.2008 to the Opposite Parties and after such letter the Opposite Parties have reversed certain charges.  The Complainant again wrote on 3.5.2008 requesting a complete waiver of the charges.  The Opposite Parties replied that they were unable to accept the request of the Complainant.  The Complainant sent mail on 5.5.2008 & 7.5.2008 to Opposite Parties to reverse charges and the same was refused by them.  The Complainant received a notice dated 17.5.2008 from the Opposite Parties demanding the minimum payment of Rs.14,080/- to be paid immediately.  However the Complainant paid the EMI of Rs.12,374.56/- due for the month of June 2008.  The Complainant received another letter dated 19.7.2008 demanding minimum payment of Rs.15,050/- immediately.  The Complainant had a discussion with 
M/s. Rajalakshmi, that unnecessary charges being added in his credit card and based on the promise of the Opposite Parties the Complainant made a payment of Rs.16,328/- which includes EMI of Rs.12,374.56/- and Rs.3,953.44/- as advised by M/s. Rajalakshmi.  Thereafter the Complainant wrote mail to M/s. Rajalakshmi, Mr. Ravikumar, and he also received mail from Mr. B.Upendra kumar, customer service officer of the Opposite Parties that he was levied with late payment with interest charges.  However the Complainant was paying the EMI periodically as agreed by him.  Though the Opposite Parties created problems, the Complainant had completed the payment of entire 24 EMIs without any default up to November 2009.  However the Opposite Parties had shown the amount of Rs.53,710.82/- in the credit card account towards late payment fee, interest and other charges.  On 10.10.2010 a rowdy came to residence of the Complainant and abused him and his family member’s  in filthy language.  The Opposite Parties have deliberately failed to inform the Complainant about the EMI commencement date and not providing him the amortization schedule along with welcome letter and failed to state the payment due date in the statement of account from the December 2007 and only maintained status payment immediate.  The Opposite Parties squeezed a sum of Rs.30,000/- form the savings account of the Complainant at Nungambakkam Branch and shown the balance in minus on 7.12.2010  and later on to cover up their malafide intention that they issued a letter dated 26.11.2010 about their right of  lien.  Therefore the Opposite Parties have committed deficiency in service and hence the Complainant filed this Complaint to pass an award 10,00,000/- towards mental agony with cost of the Complaint. 
4. WRITTERN VERSION OF THE OPPOSITE PARTIES  IN BRIEF:
    The Complainant signed an agreement for utilizing the credit card service and facility of the ICICI Bank Limited subject to the terms and conditions incorporated  in the agreement. The transactions between the Complainant and the Opposite Parties is one of contract, subject to the conditions that in case of failure to pay for the services availed by him within the prescribed period he will be charged interest and penal interest, as per guidelines from RBI, to ensure that the money is promptly paid. The Complainant was given a sum of Rs.2,50,000/- as loan on credit card to be repaid in 24 installments of Rs.12,374/- each. In addition the Complainant is also charged a sum of Rs.3792/- towards no refundable processi9ng fee and a sum of Rs.468.69 towards service tax. The payment towards processing fee and service tax is exclusive of EMIs and normally payable in the first month of Loan and before the payment of EMIs. The Complainant has also made delayed payment of EMIs. Hence a sum of Rs.43,594/- is due because of non-payment of processing fee and regular delayed payment of EMI’s and the penalty, which is levied as per conditions. It is submitted that the loan facilities availed by the Complainant is based on written agreement between him and the Opposite Parties and the agreement specifically provides for collection of processing fees. It is further submitted that service tax is a statutory duty cast upon both the Complainant and the Opposite Parties. And the Opposite Parties cannot be faulted for the same. The Complainant having of defaulted in payment of the processing fee, which is an essential component of the scheme, the Complainant was bound to pay the installments of the loan immediately without any grace period. Unlike the credit transactions which are based on an agreement with the sellers, repayment of loan given by the Opposite Parties is not entitled to grace period as it involved only the Opposite Parties and the Complainant and is a simple pure loan transactions.  The Complainant has sought wolver of the charges, clearly shows that he is bound to pay the charges. There  had been incorrect deduction of charges, the Opposite Parties had reversed the same taking into consideration the facts and  circumstances of the case. In the absence of time, details, description  and identity of persons alleged to have threatened the Complainant’s family members with filthy language and their consequences all the allegations are liable to be dismissed as absolutely baseless.The Opposite Parties have not committed any deficiency in service and prays to dismiss the Complaint with cost 
5.POINTS FOR CONSIDERATION:
    1. Whether there is deficiency in service on the part of the opposite parties?
    2. Whether the complaint is entitled to any relief? If so to what extent?
6.POINT : 1
    The admitted facts are that the Complainant is a customer of the Opposite Parties having credit card bearing No.9401 2701 2995 1005 for several years.  Based on the credit card he availed a personal loan of Rs.2,52,780/- on 20.10.2007, which is evidenced under exhibit A2 welcome letter with the terms and conditions of the Bank and Ex.A-14 amortization schedule contains processing fees of Rs.3,792/- and the said loan amount shall be repaid in 24 EMIs at the rate of Rs.12,374.56/- including interest.
7. The Complainant contented that though in the Ex. A2 welcome letter that the amortization schedule was attached, the same was not attached and further in the credit card marketing division informed that for the first 45 days he need not pay anything and payment starts from 18.12.2007 only and as requested by the Complainant the charges were revised and subsequently his request  was not accepted to revise the charges and even though the Complainant regularly paid EMIs for 24 months regularly, the Opposite Parties have unnecessarily charged late payment charges, overdue interest and service charges etc., and further on 10.10.2010 a rowdy on behalf of Opposite Parties came threatened and abused the Complainant and his family members and further without the knowledge of the Complainant, the Opposite Parties have taken a sum of Rs.30,000/- from the Complainant account at Nungambakkam Branch and a such act of the Opposite Parties are unfair trade practice and deficiency in service. 
8. The Opposite Parties contended that they have not committed any deficiency in service and according to schedule the Complainant had not paid the EMIs and as per the terms and conditions of the bank only the charges have been levied and therefore they pray to dismiss the Complaint.   
9. Exhibit A2 is a welcome letter issued to  the Complainant which contains terms and conditions for personal loan on credit card.  The said terms and conditions contains charges applicable in respect of processing fee, foreclosure fee, service tax and interest etc..  The Complainant would contend that the credit card division told him that only after 45 days payment can be made and the 1st payment starts only on 18.12.2007.  To support this contention no documents filed by the Complainant. In Ex.A14 amortization schedule the first EMI payment starts on 18.11.2007.  Therefore, the contention of the Complainant that the first payment starts only on 18.12.2007 is not accepted.  Further in the terms and conditions also accepted by the Complainant for the charges referred therein.  As the Complainant has not paid the first payment on 18.11.2007 as per Ex.A14 repayment schedule and Complainant also chosen to pay only from December 2007 naturally the EMI was not paid for the month of November 2007 the charges would be charged as per the terms and condition.  Therefore the Opposite Parties imposed charges cannot be termed as deficiency on the part of the Opposite Parties.       
10. The Complainant has filed Ex.A14 amortization schedule in respect of repayment of loan marked by him.  Unless the said schedule was not received by the Complainant with the welcome letter issued by bank, he could not have marked the same as document Ex.A14.  Therefore the contention of the Complainant that amortization schedule was not sent to him with welcome letter is rejected and in that respect the Opposite Parties have not committed any deficiency.  
11. A rowdy has come and threatened and abused the Complaint and his family members are not supported by acceptable evidence and the same is rejected.  The bank always have lien with their customers.  Therefore the Opposite Parties have taken a sum of Rs.30,000/- from the saving account of the Complainant is not wrong.  Therefore, from the foregoing discussions, it is held that the Opposite Parties 1 to 5 have not committed any deficiency in service.    
8. POINT NO :2
Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.
    In the result the Complaint is dismissed. No costs.     
Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 05th day of April 2017.
MEMBER – II                              PRESIDENT
LIST OF DOCUMENTS FILED BY THE COMPLAINANT:
Ex.A1 dated 13.01.2007              Copy of Power of Attorney
Ex.A2 dated 20.10.2007        Copy of Welcome Letter
Ex.A3 dated 15.03.2008        Copy of Letter from the Complainant to the 
                                                    Opposite Parties 
Ex.A4 dated 19.03.2008        Copy of E-mail sent to the Opposite Parties 
Ex.A5 dated 20.03.2008        Copy of Reply email from the Opposite Parties 
Ex.A6 dated 21.03.2008        Copy of Reminder e-mails sent to the Opposite 
                                                     Parties 
Ex.A7 dated 25.04.2008        Copy of e-mails sent to the Opposite 
                                                     Parties and reply
Ex.A8 dated 03.05.2008        Copy of e-mail sent to the Opposite Parties and 
                                                     Reply
Ex.A9 dated 5.05.2008        Copy of e-mail sent to the Opposite Parties and 
                                                     Reply
Ex.A10 dated 17.05.2008        Copy of e-mail from the Opposite Parties 
Ex.A11 dated 17.05.2008        Copy of letter from the Opposite Parties
Ex.A12 dated 19.07.2008        Copy of letter from the Opposite Parties
Ex.A13 dated 19.08.2008        Copy of e-mail sent to the Opposite Parties 
Ex.A14 dated 31.08.2008        Copy of e-mails sent by the Complainant to the 
           & 23.09.2008                    Opposite Parties and their reply emails.
Ex.A15 dated 29.09.2008        Copy of e-mail sent to the Opposite Parties
Ex.A16 dated 08.11.2008        Copy of letter from the Opposite Parties 
Ex.A17 dated 08.02.2009        Copy of letter from the Opposite Parties 
Ex.A18 dated 08.04.2009        Copy of letter from the Opposite Parties 
Ex.A19 dated08.05.2009          Copy of Reply sent by the Complainant 
Ex.A20 dated 08.06.2009               Copy of letter sent to the Opposite Parties by                                                    
                                                    e-Mail
Ex.A21 dated 08.08.2009        Copy of Letter from the Opposite Parties 
Ex.A22 dated 06.09.2010        Copy of letter from the Opposite Parties 
Ex.A23 dated 26.11.2010        Copy of letter from the Opposite Parties 
Ex.A24 dated 13.12.2010        Copy of letter from the Opposite Parties
Ex.A25 dated 31.12.2010        Copy of the Amortization Schedule
Ex.A26 dated 10.01.2011        Copy of Statement of Accounts
Ex.A27 dated 17.01.2011        Copy of Receipts
Ex.A28 dated 19.04.2011        Copy of the Screen Shot showing the SB Account 
                                                    of the Complainant 
Ex.A29 dated 25.04.2011        Letter issued by the Opposite Party after freezing 
                                                     the SB Account of the Complainant 

Ex.A30 dated 27.09.2011        Outstanding Dues on your ICICI Bank Credit Card

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:
Ex.B1 dated 11.12.2010        Copy of power of Attorney
Ex.B2 dated 30.03.2011        Statement of Accounts

MEMBER – II                              PRESIDENT