Date of Filing      : 19.07.2021

                                                                                                                 Date of Disposal: 16.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                  .…. PRESIDENT

                 THIRU. J.JAYASHANKAR, B.A, B.L.                                                                            ..… MEMBER-I

                 THIRU.P.MURUGAN,  B.COM.,                                                                                 ......MEMBER-II

                

CC. No.30/2021

THIS TUESDAY, THE 16th DAY OF AUGUST 2022

 

A.Murugan, S/o.V.Adhikesavan,

Plot No.213, Kundhavai Nachiar Street,

Cholamanager, Cholamadevi,

Trichy -620 016.                                                                                           ……Complainant.  

                                                                                 //Vs//

The General Manager,

ICICI BANK, Arihant Insight,

Baba Nagar, Jaswant Nagar,

Ambattur Industrial Estate

Chennai – 600 058.                                                                           …..opposite party.

 

Counsel for the complainant                                                                     :   M/s.Ram Kumar,Advocate

Counsel for the opposite parties                                                              :   exparte 

                         

This complaint is coming before us on various dates and finally on 03.08.2022 in the presence of M/s.Ram Kumar,Advocate counsel for the complainant and the opposite party was set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

 

         This complaint has been filed by the complainant u/s 35 of the Consumer 

Protection Act, 2019 alleging deficiency in service against the opposite party with regard to issuance of credit card along with a prayer to direct the opposite party to pay a sum of Rs.5,00,000/- towards compensation due to the deficiency in service along with 18% per annum from the date of payment till date of realization and to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardships caused to the complainant with cost of the proceedings. 

Summary of facts culminating into complaint:-

It is submitted by the complainant that the opposite party approached the complainant and insisted him to get a credit card and in response to the same, the complainant sent the documents through whatsapp.  Further it is submitted that the opposite party sent the credit card to the complainant through Postal Department but the same was not received by the complainant and the credit card for certain reasons return back to the opposite party.  But the credit card was not again resent to the complainant and hence the complainant decided not to avail the credit card because of the improper operations and informed the Credit Card Department of the opposite party that he does not require the credit card facilities.  However even without issuance of the credit card the opposite party started sending credit card statement insisting the complainant to pay the due amount from the month of October 2020.  The complainant submitted that he did not even know the number of the credit card till today.  However, the number had been mentioned as 4375 XXXX XXXX 9004.  The opposite party raised a statement requesting the complainant to pay a sum of Rs.3579.42/- along with minimum amount of Rs.1710/- and compelled the complainant to pay it in one shot. Thus aggrieved the complainant sent a legal notice dated 04.05.2021 which was received by the   opposite party but till now the problem was not resolved.  Thus alleging deficiency in service the present complaint was filed for the relief as mentioned below;

a. to direct the opposite party to pay a sum of Rs.5,00,000/- towards compensation due to the deficiency in service along with 18% per annum from the date of payment till date of realization;

b. to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and hardships caused to the complainant with cost of the proceedings. 

On the side of complainant proof affidavit was filed and documents were submitted marked as Ex.A1 to A5. In spite of sufficient opportunities the opposite party did not appear before this Commission and hence he was called absent and set ex-parte for non appearance and for non filing of written version on 30.05.2022.

Point for consideration:

  1. Whether there is any deficiency in service as alleged by the complainant against the opposite party in the issuance of credit card and if so to what relief the complainant is entitled? 

 Point:

The following documents were filed on the side of complainant in support of his contentions;

Credit Card Statement of the complainant was marked as Ex.A1;

Copy of Phone Messages was marked as Ex.A2;

Legal notice sent by the complainant to the opposite party dated 04.05.2021 was marked as Ex.A3;

 Postal receipt for proof of service was marked as Ex.A4;

Acknowledgement card for proof of service was marked as Ex.A5;

We heard the submissions made by the learned counsel for complainant. It is submitted by the complainant that the opposite party collected his phone number and approached him for a credit card loan in the year 2020 and though the complainant did not need the credit card and refused to avail the same, the opposite party continuously contacted the complainant over phone calls and somehow conciliated the complainant to get the credit card.  When the complainant asked the opposite party where to submit the documents for obtaining the credit card, the opposite party informed that it is to be sent through whatsapp only.  After that, the complainant had sent the proof of the documents i.e., Aadhar Card & Bank details in October 2020.  It was informed by the opposite party that the credit card has been sent to the complainant through postal department and will take several dates to reach him but the same was not received by the complainant till today.  Therefore when the complainant enquired the opposite party, they informed that the credit card has been returned to them and will resend it again.  But the complainant not satisfied with the improper operations informed to the credit card department of the opposite party that he does not want credit card and the same was accepted by them and they promised to stop the complainant’s credit card activity.  But in the month of November 2020 the complainant was shocked to receive a Statement of Account for the credit card not issued to him and even when the credit card number is also not known to the complainant.  On 08.04.2021 the opposite party raised the statement stating that the complainant has to pay a sum of Rs.3579.42/- along with interest and minimum of Rs.1710/- immediately.  Subsequently after issuance of the legal notice the present complaint was filed which the complainant prays to be allowed.  

This Commission perused the evidence and found that as per Ex.A1 the Bank statement by the opposite party the entries shows that the credit limit was Rs.58,000/- but no purchases or charges were paid out of which and no transaction  was made for the period. Hence as per Ex.A1 the credit card number has been mentioned as 4375 XXXX XXXX 9004 and no transaction was made for the period from December 2020 to July 2021 until.  Further as per the phone messages it is seen that repeated messages insisting the payment for the credit card has been made to the complainant.  It is seen that no material was available to show that the credit card was issued to the complainant though he agreed for availing the credit card services.  However, we could see even without issuance of credit card the opposite party has started to issue Statement of Accounts with regard to the credit card service and also insisted the complainant to pay certain amount.  It is submitted by the complainant that he informed that he did not want to avail the credit card services but still the issuance of statement with regard to the credit card charges continued by the opposite party which clearly amounted to deficiency in service.  At this juncture, we thought it appropriate to reproduce the guidelines issued by the RBI with regard to the issue to credit card as below;

“Issue of Credit Cards

(a) Customer Acquisition:

i. Card-issuers shall provide a one-page Key Fact Statement along with the credit card application containing the important aspects of the card such as rate of interest, quantum of charges, among others. In case of rejection of a credit card application, the card-issuer shall convey in writing the specific reason/s which led to the rejection of the application.

ii. The MITC as given in Chapter VI of these directions, shall be highlighted and published/sent separately to the customers, at the acceptance stage (welcome kit) and in important subsequent communications. The MITC shall be provided to the customer at the time of onboarding and each time, a condition is modified with notice to the customer. The MITC and copy of the agreement signed between the card-issuer and cardholder shall be sent to the registered email address of the cardholder or postal address as per the choice of the customer.

iii. Card-issuers may consider introducing, at the option of the customers, an insurance cover to take care of the liabilities arising out of lost cards, card frauds, etc. In cases where the card-issuers are offering any insurance cover to their cardholders, in tie-up with insurance companies, the card-issuers shall obtain explicit consent in writing or in digital mode from the cardholders along with the details of nominee/s.

iv. The issue of unsolicited cards/upgradation is strictly prohibited. In case, an unsolicited card is issued/existing card upgraded and activated without the explicit consent of the recipient and the latter is billed for the same, the card-issuer shall not only reverse the charges forthwith, but also pay a penalty without demur to the recipient amounting to twice the value of the charges reversed. In addition, the person in whose name the card is issued can also approach the RBI Ombudsman who would determine the amount of compensation payable by the card-issuer to the recipient of the unsolicited card as per the provisions of the Ombudsman Scheme, i.e., for loss of complainant’s time, expenses incurred, harassment and mental anguish suffered by him/her.

v. There have been instances where unsolicited/applied-for cards have been misused before reaching the persons in whose names these have been issued. It is emphasised that any loss arising out of misuse of such unsolicited cards shall be the responsibility of the card-issuer only and the person in whose name the card has been issued shall not be held responsible for the same.”

 

Thus it has been made clear that unsolicited/applied-for card when misused the card-issuer is only responsible and the person in whose name the card has been issued shall not be held responsible for the same.  In such circumstances this Commission hold that the act of the opposite party in issuing the statement for the credit card which service was not availed by the complainant and to the least even the credit card itself was not issued to him clearly amounted to deficiency in service and unfair trade practice for which they should be held liable.  Thus, we answer the point holding that the complainant has successfully proved that the deficiency in service committed by the opposite party. The opposite party is directed to stop the issuance of Statement of Account for the credit card service to the complainant.

In the result, the complaint is partly allowed directing the opposite party; 

a) to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony caused to the complainant;

b) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant. 

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 16th day of August 2022.

 

    Sd/-                                                            Sd/-                                                  Sd/-

MEMBER-II                                              MEMBER I                                    PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 ............. Bank Statement. Xerox

Ex.A2 ............. Phone Messages. Xerox

Ex.A3 04.05.2021 Legal notice sent by the complainant to the opposite party. Xerox

Ex.A4 05.05.2021 Postal Receipt for proof of service. Xerox

Ex.A5 06.05.2021 Acknowledgement card. Xerox

 

List of documents filed by the opposite party:-

 Nil

 

 

  Sd/-                                                                Sd/-                                                Sd/-

MEMBER-II                                              MEMBER I                                    PRESIDENT