The Manager, Credit Card Collection, ICICI Bank Ltd. and another
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 163 / 2007
1)Sri Manash Ranjan Singha,
C3, Mahamaya Palce, Mondalpara,
Kolkata-700084. ---------- Complainant
---Verses---
1)The Manager, Credit Card Collection,
ICICI Bank Limited,
3A, Gurusaday Dutta Road, Kolkata-19.
2)The Manager, ICICI Bank Ltd.,
Bhowanipur Branch, Elgin Aprtment,
1A, Ashutosh Mukherjee Road, Kolkata-20. ---------- Opposite Party
Present : Sri S. K. Majumdar, President.
Smt. Jhumki Saha, Member.
Sri T.K. Bhattacharya, Member
Order No. 2 2Dated 0 4 / 0 3 / 2 0 1 0 .
The instant case arises out of the petition of complaint filed by Sri Manash Ranjan Singha, the complainant u/s 12 of C.P. Act, 1986 on 22.5.07 against (1) The Manager, Credit Card Collection, ICICI Bank Ltd., 3A, Gurusaday Dutta, Road, Kolkata-19 and (2) The Manager, ICICI Bank Ltd., Bhawanipur Branch, Elgin Apartment, 1A, Ashutosh Mukherjee Road, Kolkata-20 with a prayer to (a) issue show cause notice upon the o.ps. (b) direct the o.ps. to refund Rs.2402/- what was taken out from the complainant’s S.B. A/C without his knowledge along with interest @ 10%, (c) direct the o.ps. to pay compensation amounting to Rs.50,000/- for mental sufferings due to harassment and threat, (d) direct the o.ps. to pay litigation cost of Rs.5000/-, (2) refund the excess amount, if any, improperly realized by o.ps. and (f) pass such order/orders as deemed fit by this Forum.
Specific case is that the complainant took a loan of Rs.20,000/- on 8.8.03 against his credit card issued by ICICI Bank Ltd. bearing no.4477 4600 7072 0000 which was to be recovered in 24 instalments (annex-1).
The said loan was repaid in full on 19.8.05 and thereafter the said credit card was deactivated by the o.ps. as per direction of the complainant. Extract from the complainant’s S.B. A/c pass book in support of repayment of total loan is also annexed with the petition of complaint (annex-2).
But when the complainant happened to visit the Bhawanipur Branch of ICICI Bank Ltd. to check his S.B A/c no.0627501101302, he found to his surprise that an amount of Rs.2402/- was debited from his account on 27.2.06 in favour of o.p. no.1 without his knowledge and without any notice and that too long after the realization of the loan on 19.8.05 (annex-3).
The complainant submits that the monthly statement of A/c were provided by the o.ps. up to December, 2004 and thereafter no such statement was furnished to the complainant. The complainant also asserts that the monthly statements received by the complainant are all disputable and may be called in question (annex-4).
The complainant strongly denies the claim of outstanding dues to the o.ps. amounting to Rs.6847.00.
The complainant sent an advocate’s letter dt.15.1.07 under regd. post with a/d. in which the ld. Advocate on behalf of the complainant asked the o.ps. to credit Rs.2402/- what was debited from the S.B. A/c of the complainant without his knowledge by the o.ps.
The complainant further states that the o.ps. are trying to find excuses by taking coverage of their services by asking the complainant to visit their branch at 3A, Gurusaday Dutta Road, Kolkata-19 for amicable settlement (annex-5).
The complainant retorts by saying that there is no room for amicable settlement as he is neither a defaulter nor any amount remaining outstanding on account of aforesaid loan for further payment by the complainant. But no response had come from the o.ps. Hence, the complainant files this case u/s 12 of C.P. Act, 1986.
Decision with reasons :
The petition of complaint, w/v of the o.ps., evidence on affidavit of the complainant and o.ps., written objection against the evidence on affidavit by the o.ps., advocate’s letter on behalf of the complainant dt.15.1.07 and documents on record were perused.
The fact in issue is the debiting of Rs.2402/- from the S.B. A/c no.0627501101302 of the complainant maintained with ICICI Bank Ltd. in favour of o.p. no.1 on 27.2.06 without the knowledge and consent of the complainant.
From the pleadings and all other relevant papers and documents, it is evident that the o.ps. have unethically debited Rs.2402/- from the said S.B. A/c of the complainant without the knowledge and consent of the complainant which the o.ps. could not do. If there be any outstanding dues against the loan amount, the o.ps. should have taken recourse to civil court for redress. But in no case, they could debit Rs.2402/- from the said S.B. A/c of the complainant without the knowledge and consent of the complainant.
If there be any dispute about the loan repayment, the o.ps. could have filed a suit in Civil Court or they could have asked the complainant to pay the outstanding dues citing the payment details by the complainant, but they did not do that.
In view of the above, we are of the opinion that the complainant succeeds the case.
Hence, it is ordered,
That the o.ps. are directed jointly and/or severally (a) to credit Rs.2402/- (Rupees two thousand four hundred two) only in favour of the complainant in the form of reversal of the debited amount, (b) to pay compensation of Rs.10,000/- (Rupees ten thousand) only for causing unnecessary harassment and threat resulting continual mental sufferings to the complainant and (d) to send detailed statement of accounts of loan repayment by the complainant citing his payment in details including cheque no. and amount of payment and consequently if there be any amount to be repaid by the complainant according to records he will be bound to do so.
Fees paid are correct.
The case is thus disposed of from this Forum.
Supply certified copy of this order to the parties on payment of prescribed fees.
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MEMBER MEMBER PRESIDENT
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