Chandigarh

DF-II

CC/3/2014

Gurmukh Singh - Complainant(s)

Versus

The Manager ICICI Bank L.t.d - Opp.Party(s)

Comp. in person

03 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	03 of 2014
Date  of  Institution	:	02.01.2014
Date   of   Decision	:	03.06.2016

 

 

 

 

 

Gurmukh Singh s/o S.Sardar Singh, R/o #255, Sector 35-A, Chandigarh.     

 

             …..Complainant

Versus

 

1]  The Manager, ICICI Bank Ltd., Credit Card Division, Feroze Gandhi Market, Ludhiana.

 

2]  The Manager, ICICI Bank Ltd., Sector 26, Madhya Marg, Chandigarh.

 

3]  The Manager, ICICI Bank Ltd., Credit Card Division, Sector 9, Madhya Marg, Chandigarh.

 

4]  The Regional Manager, ICICI Bank Ltd., Credit Card Division, Landmark Race Course Circle, Varodra

 

….. Opposite Parties

 

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

        

 

Argued by:-

            Complainant in person.

Sh.Sandeep Suri, Counsel for OPs.

 

 

PER JASWINDER SINGH SIDHU, MEMBER

 

 

          As per the case, the complainant is having Saving Bank Account No.134201500654 in the ICICI Bank Ltd., Sector 26, Chandigarh and the credit card was issued on 22.4.2005 by Punjab & Sindh bank-ICICI Bank by joint venture at Ludhiana. It is averred that the OPs vide letter dated 27.8.2013 received on 6.9.2013 informed the complainant that there is payment due of credit card and asked to make the payment within 10 days otherwise the account may be liened.  However, the OPs liened the account illegally on 27.8.2013 itself without waiting for waiting period of 10 days.  The OPs again sent letter dated 10.12.2013 for clearing the due amount otherwise the account may b liened, whereas the account was already liened (Ann.C-1 & C-2). 

 

         It is stated that on 20.6.2008 the complainant had received a telephonic call from the Bank Manager, Ludhiana for settlement of account saying that if the complainant will pay Rs.2000/-, then it will be full and final payment and the account will be closed, hence the complainant paid Rs.2000/- on 20.6.2008 against receipt Ann.C-3.  It is also stated that the OPs have committed grave error to lien the account of the complainant illegally after seven years whereas the account was settled on 20.6.2008 and was closed as per the version of Bank Manager, Ludhiana. It is further stated that after 20.6.2008 no demand for credit card payment has been raised nor any letter for payment has been issued, but still suddenly the OPs liened the account of the complainant on 27.8.2013 illegally, without his knowledge.  Further, a cheque of Rs.14,500/- issued by the complainant in favour of Rajiv Nakta, Rohru, was dishonoured by the OPs on account of “Fund Insufficient”, whereas there was sufficient credit balance of Rs.18,946/- in the account of the complainant, as a result the reputation of the complainant, a Senior Advocate, was lowered. The matter was brought to the notice of Opposite Parties, but to no avail.  Hence, this complaint has been filed alleging the above act of the OPs as gross deficiency in service and unfair trade practice.

   

2]       The OPs have filed joint reply and admitted the complainant’s having account and holding credit card as well as lien put on his account by the bank due to non-payment of outstanding dues.  It is stated that the amount payable and due to the bank on account of the usage of the credit card as on 20^th May, 2008 was Rs.13,584.29 and only a payment of Rs.2000/- was made by the complainant against the same.  It is denied that the amount was paid by the complainant towards full settlement of account.  That the complainant placed on record the copy of the receipt, allegedly towards full and final payment, and on the top of it, it has been mentioned that “not valid against full and final settlement or as no due certificate”. It is stated that the as the amount was payable and due against the credit card, the bank has exercised its right of lien and for the purpose of collection of its dues.   It is pleaded that on account of lien having been placed on the account, the amount being not sufficiently available for the purposes of meeting its liability against the cheque in question, the cheque has been rightly bounced.  Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.

 

3]       Rejoinder has been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the OPs as made in the reply.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OPs and have also perused the record.

 

6]       The complainant, who is maintaining a savings account with the OPs and was also using a Credit Card of the OPs till 20^th of June, 2008, and the said Credit Card Account, according to the complainant stood closed on 20.6.2008 on making payment of Rs.2000/- through a cheque dated 17.6.2008.  However, the complainant was surprised to receive a letter dated 27.8.2013 (ann.C-2) through which a demand of outstanding amount of Rs.11,584.29 was raised to be paid within 10 days, failing which a lien would be marked on his savings account maintained with the OPs.  The complainant received this letter on 6.9.2013, whereas during the intervening period a cheque, which was issued in the name of Sh.Rajeev Nakta, Ann.C-5, was dishonoured by the OPs on 2.9.2013 citing insufficient funds as a reason.  The complainant raised the matter with the OP Bank, however, they did not reply back to complainant’s repeated reminders, thus giving rise to the present dispute. 

 

7]       The OPs while defending themselves have claimed that as the complainant failed to honour his commitment of making timely payments against his Credit Card Account, and that an amount of Rs.11,584.29 was still outstanding against him.  Therefore, the OPs while exercising their right, had marked a lien on his savings bank account maintained with them, as it was obligatory upon the complainant to settle his credit card account with the OPs. Citing no deficiency in service on their part, the OPs have prayed for dismissal of the complaint.

 

8]       The complainant while reiterating his allegations, as mentioned in the complaint, had even placed on record the entire details of payments made to the OPs vide Ann.C-3/A filed along with his rejoinder.  The complainant had also claimed in his complaint that the OPs did not serve upon him any credit card statement or bill, since 20.6.2008, when he made the payment of Rs.2000/- on the demand of the collecting agent of the OPs, who received the same while claiming that this is the only outstanding amount against the credit card of the complainant and nothing remained outstanding after this payment.  The complainant has placed on record the Credit Card Statements for the period 20.6.2005 to 20.4.2007, along with his account statement of savings bank account maintained with the OPs for the period 20.6.2011 to 1.1.2015. 

 

9]       The OPs have not placed on record any document to prove that the complainant’s Credit Card Account remained unpaid since 20.6.2008  and that the complainant was still using the said Credit Card even after having made the payment of Rs.2000/- on 20.6.2008 and such amounts, which remained outstanding against him, continuously showed such outstanding in each of Credit Card Bill, which were being continuously raised in his name.  It is also surprising to notice that, even if at all, the complainant had not paid Rs.11,584/- since 20.6.2008, how could this amount remain the same to be recovered after 5 years without even adding a single penny towards penalty and interest.  The OPs have also failed to prove that the complainant was being continuously served with updated bills since 20.6.2008, wherein such outstandings were shown to be pending against him.   Interestingly, the OPs did not even honour their own words of Show Cause Period of 10 days, as per Ann.C-2 dated 27.8.2013, while demanding the complainant to settle his account, but exercised the lien within five days, as per Ann.C-4, dated 2.9.2013, whereas the OPs should have waited till 7^th of Sept., 2013 for the complainant to respond before such power to mark lien on his account was exercised.  It was on account of Ops having jumped on their own 10 days Show Cause Period that the complainant’s cheque (Ann.C-5) was dishonoured on 2.9.2013, causing him much embarrassment and loss of trust in the eyes of his perspective clients.        

 

10]      The act of the OPs in demanding the amount of Rs.11,584/- towards the Credit Card Accounts outstandings, without any valid proof amounts to deficiency in service on their part and even the act of exercising lien on the saving account of the complainant, without sufficient mandate is a grave error on their part.

 

11]      In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant is allowed qua OPs jointly & severally. The Opposite parties are jointly & severally directed as under:-

 

[a]      To remove the lien on the saving account of the complainant maintained with the OP Bank forthwith;

 

[b]      To pay Rs.10,000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service.

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Parties jointly & severally; thereafter, they shall be liable to pay an interest @18% per annum on the awarded amount, as at sub-para [b] above, from the date of filing of the complaint till it is paid, apart from comply with the directions as at sub-para [a] above.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

3^rd June, 2016                                                             Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER