Tamil Nadu

North Chennai

CC/111/2019

Mr.Krishna Kumar - Complainant(s)

Versus

The Manager ICICI Bank Limited Rep by Mr.Prakesh - Opp.Party(s)

M/s.Gupta & Ravi

16 Nov 2022

ORDER

                                                                   Complaint presented on:30.07.2019                                                                    

                                                                    Date of disposal            :16.11.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

                   TMT. KAVITHA KANNAN,M.E.,                             : MEMBER-1

                                THIRU V. RAMAMURTHY, B.A.B.L., PGDLA     : MEMBER II

 

C.C. No.111/2019

 

DATED THIS WEDNESDAY THE 16^TH DAY OF NOVEMBER 2022

 

Krishna Kumar,

Magnolia Park, Flat No.1-A,

Block-1, No.2, Five Furlong Road,

Guindy, Chennai-600 032.

1.  

 

•  

 

The Manager,

ICICI Bank Limited,

Represented by Mr.Prakash Presidium,

Uttamar Gandhi Salai,

(Nungambakkam High Road),

Chennai-600 034.

                                                          ….     Opposite Party

 

Counsel for the complainant                      :M/s.Gupta & Ravi.

 

Counsel for the opposite party                :Ex-parte.

 

 

 

 

 

 

ORDER

THIRU. G.VINOBHA, M.A., B.L.    : PRESIDENT     

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying this commission to declaring that the conduct of opposite party in making of lien on the S.B. account of the complainant and the unilateral adjustment of the alleged credit card outstanding as against the S.B. account maintained by the complainant amounts to an unfair trade practice and to pay Rs.11541.59 wrongfully debited by the opposite party from the S.B. account bearing No. 000901125825 maintained by the complainant with the opposite party and for damages of Rs.100000/- towards the mental agony and hardship caused to the complainant caused due to deficiency in service and costs.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that he has savings bank account No.000901125825 with the opposite party bank which has a credit balance of Rs.11541.59.  On 30.03.2019 when the complainant attempted to withdraw certain amount of money from the aforesaid bank account to his shock, he was informed that a lien had been marked in the aforesaid account due to which complainant could not consequently withdraw any amount from the same.  The complainant stated that he approached Branch manager of Velachery of the opposite party bank who apart from merely informing the complainant about the making of lien was unable to give any more details about the same.  On 03.04.2019 the complainant received a letter from the opposite party bank stating that a sum of Rs.148458.50 was outstanding on the ICICI Bank credit card with No.XX825.  The said letter dated 03.04.2019 also called upon the complainant to make the above said payment, failing which the opposite party threatened to exercise their right over the said bank account of the complainant maintained by the opposite party bank by adjusting the amounts due and payable to the extent of the alleged credit card outstanding. The above said letter sent by the opposite party are false and action threatened upon the complainant on failure of payment clearly illegal considering the fact that the complainant had ceased to hold any credit card of the opposite party bank for more than 7 years and no amount were due. The complainant stated that the unilateral conduct of the opposite party in making of lien over the aforesaid S.B. Account of the complainant and their subsequent threat to adjust the alleged outstanding amount in respect of the credit card from the amount available in the aforesaid S.B. account without the consent of the complainant is illegal its clearly amounts to unfair trade practice and deficiency in service. Hence the complaint.  

2. POINTS FOR CONSIDERATION:

1. Whether there is unfair trade practice and deficiency in service on the part of opposite party as alleged in the complaint?

2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant has filed written argument, proof affidavit as their evidence and documents Ex.A1 to Ex.A4 are marked on their side.The opposite party was set exparte.

3.Point No.1.

          It is alleged in the complaint that the complainant is holding a saving bank account No.000901125825 with the opposite party bank which has a credit balance Rs.11541/- , but when the complainant attempted to withdraw certain amount from that account to his shock he was informed that a  lien had been marked in the said account by the bank  due to which he cannot withdraw any amount from that account hence he approached a branch manager of the bank and on 03.04.2019 he received a letter from the bank stating that a sum of Rs.148458.50 was outstanding to his credit card account of ICICI bank and by the said letter he was called upon to pay that amount failing which the bank threatened to adjust the amount available in the savings account and according to the complainant at no point of time the bank served any notice of demand and he has not used any credit card of the opposite party bank for the past seven years and therefore contended that the unilateral act of the opposite party in marking lien over the SB account and adjusting the SB account amount towards the credit card due amount without the consent of complainant is illegal and arbitrary which amounts to unfair trade practice and deficiency in service on the part of opposite party.

          4. The complainant has filed Ex.A1 which is a legal notice to the bank to withdraw the lien marked over his savings bank account maintained in the opposite party bank and also to refrain from making any unilateral adjustment from his SB account in respect of alleged credit card outstanding.  It is found from Ex.A3 which is letter by the bank to the complainant dated 13.06.2019 wherein it is stated that as per their communication dated 03.04.2019 a lien was marked over his SB account for the outstanding amount payable by him in respect of credit card account XX3007 and also enclosed the relevant extract from the terms and conditions and further stated as the outstanding amount have not been paid by the complainant they have debited Rs.11541.59 from his savings account towards the outstanding due in respect of credit card account. It is found from Ex.A4 that even after the letter marked Ex.A3 there is still outstanding amount due in respect of credit card account and intimated to the complainant to pay the balance amount of Rs.136916.98 within ten days failing which the bank will adjust the fund available in his savings account and hence it is clear from the documents filed by the complainant himself as Ex.A3 and A4 that before adjusting his amount from his savings bank account to the credit card outstanding the complainant was informed by the bank and since the complainant failed to pay the amount the bank has adjusted the amount from his SB account for which the bank has got every right by virtue of the terms and conditions agreed by the complainant which cannot be termed as unfair trade practice by the bank.  Further by virtue of the terms and conditions the bank has got right to mark lien over the SB account of the complainant in respect of outstanding due of his credit card account.  Though it is alleged in the complaint that the complainant has not used his credit card for the past seven years there was no proof for the same.  The complainant has not filed any documents to prove that he is not in due in respect of his credit card account.  The complainant has not filed the monthly credit card statement sent by the bank to the complainant nor filed any statement of account to prove that he is not in due in respect of his credit card account. Under such circumstances the complainant cannot allege deficiency in service on the part of opposite party in marking lien over his SB account and adjusting the amount from the said account towards his dues in respect of credit card account. Point No.1 is answered accordingly.

5. Point No.2

          Based on findings given to the Point.No.1 since the complainant failed to prove the unfair trade practice and deficiency in service by the Opposite party, the complainant is not entitled to the relief of declaration prayed in the complaint and for a direction to pay Rs.11541.59 by the opposite party and for damages as claimed in the complaint .  Point no.2 answered accordingly.

                   In the result, the complaint is dismissed. No costs.     

          Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 16^th  day of November 2022.

 

MEMBER – I                   MEMBER II                      PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	01.06.2019	Legal notice to ICICI bank to withdraw the lien created over the savings bank account No.000901125825
Ex.A2	13.06.2019	Registered post acknowledgement due receipt received from the bank.
Ex.A3	13.06.2019	Outstanding dues payable on you ICICI bank credit card account XX3007.
Ex.A4	14.07.2019	Lien marked on you ICICI bank account towards outstanding dues.

 

MEMBER I                            MEMBER II                       PRESIDENT