Tamil Nadu

South Chennai

318/2010

K.Syed Zakir - Complainant(s)

Versus

The Authorized signatory, ICICI Bank Limited & another - Opp.Party(s)

C.D.Sugumar

11 Feb 2019

ORDER

                                                                        Date of Filing  : 10.08.2010

                                                                          Date of Order : 11.02.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

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

 

C.C. No.318/2010

DATED THIS MONDAY THE 11^TH DAY OF FEBRUARY 2019

                                 

K. Syed Zakir,

C/o. Mr. T. Rafiuddin,

Door No.147, I Floor,

ECR Road,

Ahmad Nagar,

Pudhupattinam,

Kalpakkam – 603 102.                                                   .. Complainant.                                                       

 

                                                                                                ..Versus..

 

1. The Authorised Signatory,

ICICI Bank Limited,

Credit Card Collections,

Mythri Centre, West Wing, I Floor,

No.4/10, Hosur Road,

Bommanahalli,

Bangalore – 560 068.

 

2. The Branch Manager,

ICICI Bank Ltd.,

No.200/1, R.H. Road,

Mylapore,

Chennai – 600 004.                                                ..  Opposite parties.

          

Counsel for the complainant                 : M/s. C.D. Sugumar & another

Counsel for the opposite parties 1 & 2 : M/s. S. Namasivayam & 

                                                                 others

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.28,145.53/- which was debited from the complainant’s savings bank account and to pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.10,500/- complainant.

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

The complainant submits that he obtained credit card from M/s. Centurion Bank of Punjab bearing No.4443 4101 1000 4007.  The complainant submits that on 16.03.2008, there was a due of Rs.4,311.30/- as per the card statement dated:15.04.2008.  The complainant submits that when he shifted his residence from Bangalore to Chennai due to his employment, he tried his level best to settle the outstanding dues.  But the Centurion Bank of Punjab was closed and amalgamated with opposite parties’ bank.  The officials also told that intimation will be given for the outstanding accounts holder, but there is no communication to the complainant with regard to its closure.  The complainant submits that a notice dated:03.01.2009 was received from the opposite parties’ bank stating that  a sum of Rs.16,474.19/- is due towards the ICICI bank credit card No.4443 4101 1000 4007 and the opposite parties have a lien over only the Savings Bank A/c Nos.0190103558, though the complainant has another SB account No.602201199800 the 2^nd opposite party has debited the amounts even from the account No.602201199800 without any authorization.  The complainant submits that on the direction of the 1^st opposite party, the 2^nd opposite party debited a sum of Rs.1,158.23/- on 10.02.2009 and further a sum of Rs.26,987.30/- on 12.09.2009 respectively from the Savings Bank account No.602201199800 of the complainant unauthorizedly.  The act of the opposite parties is arbitrary and illegal. Hence, the complainant issued notice dated:20.04.2010 to the opposite parties for which, there is no reply.  The act of the opposite party caused great mental agony.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that the complainant is having the credit card facility with the opposite party who is the co-owner the Centurion Bank of Punjab.  The opposite parties state that the complainant is a chronic defaulter and has not paid the dues properly even after sparingly used the credit card.   After due amalgamation of  Centurion Bank of Punjab with ICICI Bank, due intimation was given to the complainant to pay the balance due as per the credit card statement.  Since the complainant has not come forward to pay the amount, the opposite parties had applied for bankers lien.  The opposite parties has debited the dues from the Savings Bank Account of the complainant.  Therefore, there is no deficiency in service as pleaded by the complainant and the complainant is not entitled to any claim or compensation also.   Hence, this complaint is liable to be dismissed.  

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B4 are marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.28,145.53/- debited by the opposite party from the account of the complainant as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.10,500/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the opposite parties’ Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.  Admittedly, the complainant obtained credit card from M/s. Centurion Bank of Punjab bearing No.4443 4101 1000 4007.  Further the complainant contended that on 16.03.2008, there was a due of Rs.4,311.30/- as per the card statement dated:15.04.2008 as per Ex.A3.  Further the complainant contended that when he shifted his residence from Bangalore to Chennai due to his employment he tried his level best to settle the outstanding dues.  But the Centurion Bank of Punjab was closed and amalgamated with opposite parties’ bank.  The officials also told that intimation will be given for the outstanding accounts holders etc. On the other hand, a notice dated:03.01.2009 was received from the opposite parties’ bank stating that  a sum of Rs.16,474.19/- is due towards the ICICI bank credit card No4443 4101 1000 4007 and the opposite parties have a lien over the Savings Bank A/c Nos.0190103558 and 602201199800.  The opposite parties debited the amounts from the account No.602201199800 without any authorization.   Further the complainant contended that on the direction of the 1^st opposite party, the 2^nd opposite party debited a sum of Rs.1,158.23/- on 10.02.2009 and further a sum of Rs.26,987.30/- on 12.09.2009 respectively from the Savings Bank account of the complainant unauthorisedly.  The act of the opposite parties is arbitrary and illegal. Hence, the complainant issued notice dated:20.04.2010 to the opposite parties as per Ex.A4 for which, there is no reply.  Hence, the complainant is constrained to file this case claiming compensation and refund of the amount debited from the Savings Bank Account of the complainant.  But on a careful perusal of Ex.B3, the statement of accounts filed by the opposite parties, it is seen that the complainant has used the credit card sparingly and a sum of Rs.26,987.30/- was collected from the account of the opposite parties.  The complainant also has not disputed the above said transaction mentioned in Ex.B3.

6.     The learned Counsel for the opposite parties would contend that admittedly, the complainant is having the credit card facility with the opposite parties who is the co-owner the Centurion Bank of Punjab.  Ex.B2 is the terms and conditions related to credit card facilities of ICICI bank & Centurion Bank of Punjab.  Further the contention of the opposite party is that the complainant is a chronic defaulter and has not paid the dues properly even after sparingly used the credit card.  Ex.B3 is the statement showing the usage of credit card and balance due towards the credit card a/c.  After due amalgamation of  Centurion Bank of Punjab with ICICI Bank, due intimation was given to the complainant by the 1^st opposite party as per Ex.A1 to pay the balance due as per the credit card statement.  Since the complainant has not come forward to pay the amount, the opposite parties had applied for bankers lien as per Ex.B4.  The opposite party has debited the dues from the Savings Bank Account of the complainant.  There is no deficiency in service as pleaded by the complainant and the complainant is not entitled to any claim or compensation also.  Hence, this complaint has to be dismissed.   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 11^th day of February 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	03.01.2009	Copy of notice issued by the 1st opposite party
Ex.A2	01.07.2009	Copy of bank statement
Ex.A3		Copy of card statement
Ex.A4	20.01.2010	Copy of notice issued by the complainant to the opposite party

 

OPPOSITE  PARTIES SIDE DOCUMENTS:- 

Ex.B1	11.12.2010	Copy of Power of Attorney
Ex.B2		Copy of terms and conditions of Centurion Bank / ICICI Bank Credit card
Ex.B3	14.03.2008	Copy of statement of accounts
Ex.B4	03.01.2009	Copy of lien intimation letter

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT