Tamil Nadu

South Chennai

193/2010

Mr.Munie Esmail Mohammed - Complainant(s)

Versus

The General Manager,ICICI Bank Ltd.,& others - Opp.Party(s)

R.Natesh Kumar

11 Sep 2018

ORDER

                                                                        Date of Filing  : 18.03.2010

                                                                          Date of Order : 11.09.2018

 

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

 

C.C. No.193 /2010

DATED THIS MONDAY THE 11^TH DAY OF SEPTEMBER 2018

                                 

Mr. Munir Esmail Mohammed,

S/o. Mr. Esmail,

No.14/19, Ashirwad First Floor,

Anna Nagar East,

First Main Road,

Chennai – 600 102.                                                       .. Complainant.                                                   

 

      ..Versus..

 

1. The General Manager,

ICICI Bank Ltd,

No.683, Third Floor,

Anna Salai,

Chennai – 600 002.

 

2. The Manager,

ICICI Bank Ltd.,

Chennai Branch,

No.1, Cenotaph Road,

Chennai – 600 018.

 

3. M/s. ICICI Bank Ltd.,

Rep. by its Authorised Signatory

Mr. R. Divakar,

Door No.6, MTH Road,

Villivakkam,

Chennai – 600 049.                                                 ..  Opposite parties.

          

Counsel for complainant         :  M/s. R. Natesh Kumar & another

Counsel for opposite parties   :  M/s. S. Namasivayam & others

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.67,392/- together with interest at the rate of 18% from 05.02.2009 to till date of realization and to pay a sum of Rs.10,00,000/- towards compensation for deficient service rendered to the complainant with cost to the complainant.

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

The complainant submits that he is a fashion designer carrying on business in the name and style of “Kut of Klass”.   He has availed credit card facility of the opposite parties bearing Credit Card No.4477 4700 6351 3015  and regularly paying the dues without any default.  While so, the opposite parties, prevailed upon the complainant to accept and avail a personal loan of Rs.54,000/-. The opposite parties were specifically instructed that the complainant having Savings Bank A/c with IDBI Bank vide A/c No.005104000124751 and the loan amount cheque should be issued in the name of the complainant payable to his savings account in IDBI Bank.   The said sanctioned loan amount of Rs.54,000/- shall be payable in 36 equal monthly instalments commencing from 05.03.2006 to till 05.02.2009 at the rate of Rs.1,872/-. Further the complainant submits that vide letter dated:30.01.2006, the opposite parties disbursed the cheque dated:28.01.2006 drawn in favour of the complainant for a sum of Rs.52,810/- after deducting a sum of Rs.1,190/- towards processing fees.     Further the complainant submits that the opposite parties issued the cheque dated:28.01.2006 for a sum of Rs.52,810/- drawn on ICICI bank Cenotaph Road Branch in favour of “Munir Esmail Mohamed” A/C CITI BANK No.005104000124751” erroneously instead of drawing it in the name of IDBI Bank.  The said cheque was returned dishonoured with an endorsement crossed to CITI Bank vide return Memo dated:02.02.2006. 

2.     Further the complainant submits that eventhough the opposite parties has not disbursed any amount but continuously collected EMI of Rs.1,872/- from the Savings Bank Account of the complainant with IDBI bank.  The opposite party collected the entire 36 instalments of Rs.67,392/- wrongly.  Further the complainant submits that the opposite party filed C.C. No.4316/2007 before X Metropolitan Magistrate, Egmore, Chennai u/s 406 and 420 IPC which was rightly stayed by the Hon’ble High Court.  The unfair trade practice and the fraudulent activities of the opposite parties caused great mental agony and hardship to the complainant.  The opposite party without considering the returned dishonoured cheque recovered the entire amount through EMI and initiated criminal proceedings which caused irreparable loss and injury to the complainant. Therefore, the complainant issued legal notice dated:02.12.2007 to the opposite parties.  But the opposite parties has not chosen to send a reply to the complainant.   Hence the complaint is filed.

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

The opposite parties 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 was provided with a Credit Card bearing No.4477 4700 6351 3007 and an add on card No.4477 4700 6351 3015 as per the terms and conditions by the complainant.   Further the opposite parties state that the complainant after receiving the credit facilities, availed a personal loan of Rs.54,000/- in January 2006 and the said loan was repayable in 36 monthly instalments commencing from 05.03.2006 to 05.02.2009.  Further the opposite parties state that on 21.08.2006, the complainant was provided with a card based loan of Rs.55,000/- and the said amount was also sent by a Demand Draft on 21.08.2006 vide courier No.2108060293809.   Further the opposite parties state that the complainant was in default of EMI and on 16.05.2007, the bank closed the balance account and his outstanding on 16.05.2007 was Rs.20,416/- inclusive of foreclosure charges, interest and the balance principal amount.  Further the opposite parties state that C.C. No.4316/2007 filed against the complainant u/s 200 of CRPC was duly stayed by the Hon’ble High Court.  The complainant suppressed the facts and filed this case.  There is a due of Rs.2,73,883.73.   There is no deficiency in service on the part of the opposite parties.  Hence the complaint is liable to be dismissed.

4.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the opposite parties is filed and documents Ex.B1 to Ex.B2 are  filed and marked on the side of the opposite parties.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.67,392/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for deficiency in service with cost as prayed for?

6.      On point:-

Heard both sides.  Perused the records namely the complaint, written version, proof affidavits and documents.  The learned Counsel for the complainant would contend that he is a fashion designer carrying on business in the name and style of “Kut of Klass”.   He has availed credit card facility of the opposite parties bearing Credit Card No.4477 4700 6351 3015 and and regularly paying the dues without any default.  While so, the opposite parties, prevailed upon the complainant to accept and avail a personal loan of Rs.54,000/-. The opposite parties were specifically instructed that the complainant having Savings Bank A/c with IDBI Bank vide A/c No.005104000124751 and the loan amount cheque should be issued in the name of the complainant payable to his savings account in IDBI Bank.   The said sanctioned loan amount of Rs.54,000/- shall be payable in 36 equal monthly instalments commencing from 05.03.2006 to till 05.02.2009 at the rate of Rs.1,872/- as per Ex.A1.   Further the learned Counsel for the complainant contended that as per Ex.A1 letter dated:30.01.2006, the opposite parties disbursed the cheque dated:28.01.2006 drawn in favour of the complainant for a sum of Rs.52,810/- after deducting a sum of Rs.1,190/- towards processing fees.  Ex.A2 is the copy of the cheque.   

7.     Further the complainant contended that the opposite parties issued the cheque dated:28.01.2006 for a sum of Rs.52,810/- drawn on ICICI bank Cenotaph Road Branch in favour of “Munir Esmail Mohamed” A/C  CITI BANK No.005104000124751” erroneously instead of drawing it in the name of IDBI Bank. Hence, the said cheque was returned dishonoured with an endorsement crossed to CITI Bank vide return Memo dated:02.02.2006 as per Ex.A3.   Thereby, the opposite party bank has not disbursed any amount towards personal loan muchless, either Rs.54,000/- or Rs.52,810/-.  Further the learned Counsel for the complainant contended that eventhough the opposite parties has not disbursed any amount but continuously collected EMI of Rs.1,872/- from the Savings Bank Account of the complainant with IDBI bank as per Ex.A4.  The opposite party thereby collected the entire 36 instalments of Rs.67,392/- wrongly or erroneously proves unfair trade practice.   Further the complainant contended that the opposite party filed C.C. No.4316/2007 before X Metropolitan Magistrate, Egmore, Chennai u/s 406 and 420 IPC as per Ex.A6 was rightly stayed by the Hon’ble High Court as per Ex.A10.  The unfair trade practice and the fraudulent activities of the opposite parties caused great mental agony and hardship.  The opposite party without considering the returned dishonoured cheque recovered the entire amount through EMI and initiated criminal proceedings which caused irreparable loss and injury. 

8.     The contention of the opposite parties is that the complainant was provided with a Credit Card bearing No.4477 4700 6351 3007 and an add on card No.4477 4700 6351 3015  as per the terms and conditions accepted by the complainant.   Further the contention of the opposite parties is that the complainant after receiving the credit facilities, availed a personal loan of Rs.54,000/- in January 2006 and the said loan was repayable in 36 monthly instalments commencing from 05.03.2006 to 05.02.2009.  The opposite parties filed statement of accounts which is marked as Ex.B2.   But on a careful perusal of Ex.B2, there is nothing in detail regarding the exact date of disbursement of the personal loan of Rs.54000/-.  On the other hand as per Ex.A2 & Ex.A3, it is very clear that the cheque for Rs.5,2810/- issued by the opposite parties bank was returned dishonoured is not denied by the opposite party.   Equally, as per Ex.A4 the opposite parties recovered the EMI at the rate of Rs.1,872/- till 05.02.2009.  The opposite parties representative contending that the 1^st loan of Rs.54,000/- was disbursed which has not been proved in the manner of issuing cheque to encashment into the account of the complainant proves the unfair trade practice and deficiency in service.  Further the contention of the opposite parties is that on 21.08.2006, the complainant was provided with a card based loan of Rs.55,000/- and the said amount was also sent by a Demand Draft on 21.08.2006 vide courier No.2108060293809.   The account number on the draft was mentioned with the consent of the complainant.   But the opposite parties has not produced any record namely copy of Demand Draft, courier receipt or intimations and credit details into the account of the complainant proves unfair trade practice. 

9.     Further the opposite parties contended that the complainant was in default of EMI and on 16.05.2007 the bank closed the balance account and his outstanding on 16.05.2007 was Rs.20,416/- inclusive of foreclosure charges, interest and the balance principal amount.  But the opposite parties has not produced the statement of account related to such bank account except the Credit card account related to the credit card No.4477 4700 6351 3015 without credit card agreement proves that there is no such disbursement of any loan.   Further the contention of the opposite parties is that C.C. No.4316/2007 filed against the complainant u/s 200 of CrPC was duly stayed by the Hon’ble High Court.  The complainant suppressed that there is a due of Rs.2,73,883.73.   But on a careful perusal of Ex.B2, statement of accounts the opposite parties has not produced any record to prove the disbursement of loan of Rs.54,000/- on Jan 2006 and Rs.55,000/- on 21.08.2006 and credited into the Account of the complainant claiming such huge amount.  Considering the facts and circumstances of the case this Forum is of the considered view the opposite parties shall pay a sum of Rs.67,392/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with a compensation of Rs.15,000/- and cost of Rs.5,000/-.

  In the result, this complaint is allowed in part.   The opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.67,392/- (Rupees Sixty seven thousand three hundred and ninety two only) with interest at the rate of 9% p.a. from the date of complaint  i.e. 18.03.2010 to till the date of this order and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

 

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 September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	30.01.2006	Copy of letter by the opposite parties to the complainant enclosing Loan Disbursement Cheque
Ex.A2	28.01.2006	Copy of Loan Disbursement cheque in favour of the complainant
Ex.A3	02.02.2006	Copy of Return Memo issued by the IDBI Bank to the complainant
Ex.A4		Copy of Statement of Bank Account of the complainant
Ex.A5		Copy of Amortization Schedule
Ex.A6	21.09.2007	Copy of Summons to appear in CC No.4316 of 2007
Ex.A7	02.12.2007	Copy of legal notice sent to the opposite parties with 2 acknowledgment cards and 1 returned cover
Ex.A8		Copy of complaint in CC No.4316 of 2007
Ex.A9		Copy of Quash Petition in Crl. OP No.3739 of 2009
Ex.A10		Copy of Stay Order in M.P. No.1 of 2009 in Crl. OP No.3739 of 2009

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1		Copy of Power of Attorney
Ex.B2		Copy of Statement of accounts

 

 

 

MEMBER –I                                                                      PRESIDENT