Complaint filed on: 28-04-2010 Disposed on: 16-11-2010 BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 C.C.No.979/2010 DATED THIS THE 16th NOVEMBER 2010 PRESENT SRI.D.KRISHNAPPA., PRESIDENT SMT. ANITA SHIVAKUMAR. K, MEMBER Complainant: - Mr.Prashanth.A.R, “Vaishnavi”, 301, H Cross, 3rd Blocks, 2nd Stage, Nagarabhavi, Bangalore -72 V/s Opposite part: - The ICICI Bank Limited, The Credit Card Division, Mythri Centre, #4/10, Hosur Road, Bommanahalli, Bangalore-68 O R D E R SRI. D.KRISHNAPPA., PRESIDENT., The Grievance of the complainant against the opposite party in brief is, that he is holding a savings bank account with the OP bearing No.62530151539 with credit card facilities and a D-mat account bearing No.625301222498. That he received a notice dated 16-5-2009 from the OP which was addressed to one Mr.Prashanth.A.R resident of Gulbarga, stating that there is an outstanding amount of Rs.46,705.82 under credit card account No.4477464537040002 as on 19-4-2009 and called upon this complainant to make payment or else threatening debiting that amount from his savings bank account by sending a copy of that letter to him. Thereafter, on verification, he observed that the OP had debited the said amount from his savings bank account to account of A.R.Prashanth of Gulbarga. Then he after verifying it gave clarification on 23-5-2009 to the OP, that he is not concerned about that credit card account of Prashanth.A.R of Gulbarga and wrong debiting is made to his account. OP through his letter dated 24-6-2010 sent regretting letter to him regretting for inconvenience and assuring reversal of entries. But OP once again blocked a sum of Rs.46,707/- from his D-mat account bearing No.625301222498 presenting him from investing that amount. Consequent of blocking of D-mat account during November and December – 2009, he got issued a legal notice on 19-1-2010 calling upon the OP to compensate Rs.1,00,000/-. OP despite acknowledging receipt of that notice, once again wrongly debited Rs.2,600/- to his account on 30-1-2010. Then he again, got issued another legal notice to the OP on 19-3-2010 calling upon the OP to compensate him by paying Rs.1,00,000/-. Therefore the complainant has prayed for a direction to the OP to pay him compensation of Rs.2,00,000/- with interest at 18% per annum, to transfer of Rs.2,600/- which is illegally debited to his D-mat account and to pay cost. 2. OP has appeared through his advocate and filed version, contending that the complaint is not maintainable, that the complainant has committed breach of contract. It is further contended that, the complainant despite utilization of credit card has failed to make outstanding amount due to them, evenafter, several requests. Denying any deficiency in his service has stated that public money is invested with them that the complainant is due Rs.44,105/- to them, as per statement of account and the complainant failing to discharge his liability has come up with this complaint, therefore has prayed for dismissal of the complaint. 3. In the course of enquiry into the complaint, the complainant and OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant alongwith the complaint has produced a copy of letter that was sent to one Prashanth.A.R of Gulbarga marking copy to the complainant, a copy of representation given to the OP by the complainant, a copy of regret letter of OP sent to the complainant on 24-6-2009, copies of account extract and legal notices. OP has produced copies of some account extract. We have heard the counsel for the complainant, counsel for the OP has filed written arguments and perused the records. 4. On the above materials following points for determination arise. 1) Whether the complainant proves that the OP has caused deficiency in his service by debiting amount from his account to the credit account of Prashanth.A.R of Gulbarga? 2) To what reliefs, the complainant is entitled to? 5. Our findings are as under: Point no.1: In the affirmative Point no.2: See the final Order REASONS 6. Answer on Point No.1: The complainant has furnished his savings bank account and D-mat account, he had maintained with the OP bank. He has further stated that he was not due any amount to the OP, in connection with any transaction, but the OP who had addressed a letter dated 16-5-2009 to one Prashanth.A.R of Gulbarga claimed a sum of Rs.46,705.82 by marking a copy to him and thereafter debited that amount to his savings bank account which he says has been wrongly done, though he was not liable to pay that amount. OP in the version and affidavit evidence without making any specific statement, in this regard has causally stated as if the complainant made use of credit card become liable and has not made payments. But on perusal of regret letter sent by OP to the complainant on 24-6-2009 make it clear that he debited Rs.46,705.82 to the account of the complainant, which was due from one Prashanth.A.R of Gulbarga. As per this letter, OP has admitted to have committed an error by wrongly debiting the amount and that amount was due from Prashanth.A.R of Gulbarga and stated to have reversed it. This admission of the OP further falsing the stand taken by the OP in the version and affidavit evidence. The allegation of the complainant, in this regard has been proved, with this admission of the OP and that act of the OP unerringly amounts deficiency. 7. OP despite realization of mistake once again stated to have committed same error by blocking D-mat account of the complainant as narrated by him in para no.6 of the complaint. The OP has not denied this grievance of the complainant. It is further stated by the complainant that despite issue of legal notice twice, the OP did not correct their records and continued to commit the same mistake by again wrongly debiting Rs.2,600/- from the complainant account. The OP has not specifically denied this debiting and has not even proved that the complainant was due that amount in respect of any transaction. Therefore it is evident that the OP continued get confused between one Prashanth.A.R and his complainant and continued to cause inconvenience to the complainant by wrongly debiting. The OP has produced account extract, which are nothing to do with the complainant. The complainant is having different account numbers maintained in the OP bank, is resident of Bangalore. Whereas account extract produced by the OP before this forum are belonging to account of Prashanth.A.R of Gulbarga and pertaining to his account. Here again the OP without verifying this simple fact produced the account extract of Gulbarga customer to rebut the case of the complainant. Which in our view have not relevance to the facts of this complaint, OP further has failed to prove that the complainant is due any amount to them. Thus as stated by the complainant the OP has repeatedly caused deficiency in his service by not only debiting some of amount but also blocking the D-mat account of the complainant. The OP found to have caused deficiency in his service despite caution cannot escape from liability. The complainant though has contended that because of blocking his D-mat account, he could not transact and suffered loss, he has not substantiated it. As the result, the complainant would be entitled to recovery of Rs.2,600/- wrongly debited, besides damages for wrong act of the OP. With the result, we answer point No.1 in the affirmative and pass the following order: ORDER Complaint is allowed. OP is directed to either credit Rs.2,600/- to the D-mat account of the complainant or pay him that amount. OP is also directed to pay damages of Rs.20,000/-to the complainant for inconvenience, harassment and mental agony. OP shall credit or pay the above amounts within 30 days from the date of this order. Failing which, he shall pay interest at 9% per annum from the date of this order till the date of payment. Op shall also pay cost of Rs.2,000/- to the complainant. Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 16th November 2010. Member President
| | [HONORABLE Anita Shivakumar. K] Member[HONORABLE Sri D.Krishnappa] PRESIDENT | |
