- Ravindra Agarwal,
608A, Block ‘O’, New Alipore, Kolkata-53. ______ Complainant
___Versus___
- The Manger, ICICI Bank,
Head Office – Bandra Kurla Complex,
Bandra (S), Mumbai-400051.
- ICICI Bank
- The Manager of ICICI Bank.
- Jugdish Pandey,
(Customer Care Officer) of ICICI Bank,
All of 23A, Diamond Harbour Road,
Block-‘L’, Kolkata-53, P.S. New Alipur.
- The Manager of ICICI Bank,
3A, Gurusaday Road, Kolkata-19, P.S. Ballygunge. _______ Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 31 Dated 28-01-2014.
The case of the complainant in short is that complainant maintained an account vide account no.031705002451 in the name of R.K. Medical Stores whose proprietor is the present complainant. On 10.6.10 by searching the said account number the complainant found that o.ps. had illegally debited Rs.33,886.96 from the said account of the complainant. Immediately the complainant sent an e-mail to o.ps. as he had never given any authorization or authentication or standing instruction to o.ps. for realization of the said amount. O.ps. replied by e-mail on 10.6.10 and took the plea of some credit card disputes and sent another e-mail on 12.6.10. On 18.6.10 complainant again sent an e-mail to o.ps. denying all false allegation put upon him and declaring that he had already made upon the credit card disputes. Complainant sent an advocate’s letter on 10.8.10 but o.ps. did not give any response. Without finding any alternative complainant filed the instant case with prayer of refund of Rs.33,886.96 along with compensation and cost.
O.ps. appeared before this Forum and filed w/v. In their w/v o.ps. denied all material allegations interalia stated that credit card was issued to the complainant as per complainant’s request. The complainant agreed and promised to make payment of dues arising out of use and enjoyment of the said credit card. In spite of such assurance complainant failed and neglected to pay the dues arising out of usage of the said credit card. O.p. bank made several requests to the complainant but the complainant failed to pay the outstanding dues. Thus the sum of Rs.33,886.96 became due from the complainant. Complainant used the credit card for purchase of various items from the merchants for his business in the name of M/s R.K. Medical Stores. The statement of account was issued every month showing the outstanding dues in respect of the said credit card. But the complainant stopped making payment of the outstanding dues since Dec 2007. The bank exercised general lien on the account maintained with the bank at its D.H. Road Branch, Kolkata and realized the sum of Rs.33,886.96 towards the total outstanding dues in respect of the said credit card. After such adjustment there is no due amount. The ICICI Bank under the contract subsisting between the parties exercised its right of lien and also u/s 171 of Contact Act. Therefore the complaint should be dismissed with cost.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular.
It is admitted fact that the complainant was a credit card holder and the limit of the credit card was Rs.40,000/-. Complainant has stated that he regularly cleared all dues till Oct 2010. But there is no documentary evidence to corroborate his claim. Complainant suddenly stopped making payment in the credit card account since Dec 2007. O.p. bank exercised its right of lien and did as per terms and conditions settled between the parties. There is no irregularity on the part of o.p. bank. From the documents it is evident that the said credit card was being used by the complainant for purchase of various items from the merchants for the said medicine shop. So the card in issue was used for commercial purpose. So the matter in issues cannot be entertained by this Forum. Moreover, there is no deficiency in service on the part of o.ps. Therefore, the complainant has failed to substantiate his case and accordingly, the case fails.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
