The Manager, ICICI Bank Ltd., ICICI Bank Ltd., Mr. Amith Chaurasia
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing:16.06.2008 Date of Order:18.03.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 18TH DAY OF MARCH 2009 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1331 OF 2008 Mrs. Saraswathi Pandurangan, W/o. Sri. Pandurangan, 41, Sri Narayana Nilayam, II Main, Udayashankar Street, Udaynagar, Bangalore-560 016. Complainant. V/S 1. The Manager, ICICI Bank Ltd., No.1, Ground Floor, ICICI Bank Tower, Shobha Pearl, Opposite to Mayohall, Commissionerate Road, Bangalore-560 025 2. ICICI Bank Ltd., ICICI Bank Customer care, P.O. Box No. 20, Banjara Hills, Hyderabad-500 034. 3. Mr. Amith Chaurasia, ICICI Bank Credit Card Collection Centre, Mytrii Centre, West Wing, I Floor, No. 4/10, Hosur Road, Bommanahalli, Bangalore. Opposite Parties ORDER By the President Sri. S.S. Nagarale This is a complaint filed U/Sec. 12 of the Consumer Protection Act, 1986. The brief facts of the case are that, the opposite parties are the credit institutions offering credit services to the public at large. The complainant by virtue of which the complainant was given a ICICI Bank Kingfisher Airlines credit card bearing No. 4076 5120 0791 0008. It was assured by the opposite party that the said card is most exclusive card in India that allows the members to enjoy the good times. The opposite parties had also provided airport lounges, Kingfisher parties, fashion shows, sporting events, International golf holiday packages, for booking air tickets, hotel reservations, car rental services and inquiry about travel destinations. The said card was also to be accepted at all VISA/Master Card merchant establishments worldwide. The opposite party has assured that the card could be activated within 24 hours. The credit limit of the card was Rs.25,000/-. The opposite parties had also given other Add-on credit cards, which could have been utilized with the specific credit limits provided therein. The following are the four credit cards with respective numbers issued to the complainant:- 1. 4477 4684 6553 2005 credit limit Rs. 25,000-00 2. 4076 5120 0791 0008 credit limit Rs. 25,000-00 3. 4076 5120 0791 0107 credit limit Rs. 25,000-00 4. 4477 4697 0439 5006 credit limit Rs. 25,000-00 Though the cards were taken during 2005-06 till date, the complainant has not swiped any of the cards and as such till date she has not utilized any services provided by the opposite parties. The complainant had taken a life insurance policy namely, ICICI Pru Save `n Protect for a sum of Rs.1,25,000/- with ICICI Prudential Life vide Insurance Policy bearing No. 00289137 on 18/01/2003. This insurance policy is altogether a different transaction though with ICICI group. This policy was taken much prior to availing the facilities with the opposite parties. The complainant had opted for regular monthly premiums. The due date for payment of monthly premium was 21st of every month. Though she has opted for payment of monthly premium in the beginning, the complainant subsequently changed the same for annual premium vide letter dated 12/01/2005. The complainant is paying the monthly premium regularly through cheque payments since 18/01/2003 and has not so far defaulted. So also for the premium due for the year 2005, the complainant had paid Rs.9,838/- on 12/01/2005 by way of cheque. Thus there were no dues from the complainant. The complainant had earlier opted for ECS facility for the payment of monthly premium. Since the complainant changed the method of payment from monthly to annual payment, she requested the Operation Manager, ICICI Pru Life Ltd., Bangalore for cancellation of ECS vide letter dated 12/01/2005. Thereafter, the complainant has paid the annual premium regularly until 2007. For the year 2007 the complainant has paid the annual premium of Rs.10,147/-. The said premium was paid during March, 2007. In the meantime, the complainant received a statement from the opposite parties for the period 19/01/2007 to 18/02/2007 wherein the opposite parties have debited to the account of the complainant Rs.10,147/-. The opposite parties issued further notices for March, April, May, June, July, August, September and so on, by increasing the due amounts with additional interest, late payment fee, service tax, and the like. On persisted enquiries with the opposite parties, the complainant was informed that the members availing the credit card services are provided with Big Junction Payment facility through which the insurance premium will be paid directly by the opposite parties to the credit of the members and subsequently the said amount will be collected from the members. Therefore, the complainant wrote to the opposite parties on 16/04/2007, requesting them to immediately cancel the Big Junction Payment facility. The complainant also requested to reverse the excess payments from ICICI Prudential to the credit card account. Immediately after this letter dated 16/4/2007 to her surprise the complainant received a letter dated 18/04/2007 from ICICI Prudential Life Insurance that they have received additional premium amount of Rs.10,147/- towards the policy. Accordingly they had issued a refund cheque for the excess amount of Rs.10,147/- drawn on ICICI bank. It is pertinent to note here that instead of adjusting the amounts against the credit card dues despite the request the opposite parties in collusion with ICICI Prudential Life Insurance have delivered the refund cheque to the complainant with a malafide intention to retain the overdue account created by them. The opposite parties are creating circumstances to suite their business activities in order enrich themselves which is unlawful and illegal. The request made by the complainant was not considered by the opposite parties for the reasons best known to them. The opposite parties have resorted to third degree tricks for the purpose of illegal collection. On 21/11/2007, the complainant wrote to the opposite parties requesting to reverse all the debits. It was brought to the notice of the opposite parties that the complainant has paid a sum of Rs.10,147/- to the opposite parties immediately after she received the refund cheque from ICICI Prudential Life Insurance. The opposite parties have willfully refused to take any letter sent by the complainant. But till date, there is no reply. On 10/12/2007, the complainant again wrote to the opposite parties requesting them to reverse the payment of Rs.4,573/-. The opposite parties on receipt of the said letter had merely returned it to the complainant with a marking in the left hand side at para-2 as card No. is incorrect. The complainant again wrote to the opposite parties on 17/02/2007, providing with numbers of all the four credit cards and requested them to reverse the additional charges within 15 days from the date of receipt of the letter. Till date, the complainant has not received any reply from the opposite parties. With these attitudes of the opposite parties, the complainant has been driven to undue hardship, mental agony and depression. Till date, the complainant has not availed any credit card service form the opposite parties. The complainant had paid the premium amounts during March, 2007 and the same was cleared on 04/03/2007. If the opposite parties had intimated the payment by them, as on 18/02/2007, the complainant would have paid the same amount to the opposite parties on or before 04/03/2007, in which case there would not be any delay on the part of the complainant. For the mistake of the opposite parties, the complainant would not have been burdened with these additional payments. The only intention of the opposite parties is to extract moneys from public like the complainant and enrich themselves with unlawful sources. That apart, the complainant has been mentally harassed by the opposite parties by creating unnecessary tensions. Therefore, the complainant is filing this complaint seeking compensation from the opposite parties. The complainant has spent her valuable time in replying to the opposite parties, in visiting their counsels and opposite parties and has spent thousands of rupees towards incidental expenses. The complainant is a consumer and hence the complaint is maintainable. Hence, the complainant prayed to award compensation of Rs.1,00,000/- towards mental agony, hardship and incidental expenses, in the interests of justice and equity. 2. Notice issued to opposite parties through RPAD. Notice served. Opposite parties appeared through counsel and filed defense version stating that, the complainant availed the Credit Cards from the opposite parties. The complainant had opted for Insurance Policy from ICICI Prudential. Opposite parties and ICICI Prudential Ltd., are two different legal entities. It is denied that the complainant had never and ever gave any instruction to the opposite parties to pay the insurance premium. The complainant had not approached this Forum with clean hands. The complainant had knowing fully well that she had instructed the opposite parties to pay the premium amounts and hence had falsely alleged against the opposite parties. The opposite parties produced letter of Utility Bill Payment and Renewal Premium Receipts. As per the request and instruction of the complainant, the amounts were paid under the said Credit Card and as per the Credit Card Policy, the complainant is liable to pay the amounts utilized under the said credit card. The facts remains that the opposite parties have parted with their money for which they are entitled to recover the same with interest. In view of the foregoing facts, the present complaint is liable to be dismissed with costs. 3. Affidavit evidences are filed. Arguments are heard. 4. The points for consideration are:- Whether there was any deficiency in service on the part of the opposite parties? REASONS 5. It is an admitted case of the complainant that, she had taken 4 credit cards from the opposite party Bank. The credit cards were never used by her till date and she has not utilized any services from the opposite party. It is also an admitted fact that the complainant has taken life insurance policy with ICICI Prudential. This transaction is a different transaction all together. The opposite party has also clearly admitted in the defense version that opposite parties and the ICICI Prudential Limited are two different legal entities. The policy was taken by the complainant prior to taking credit cards. The complainant has earlier opted for ECS facility for payment of monthly premium. She requested the ICICI Prudential Life Limited for cancellation of the ECS by letter dated 12/01/2005. She had paid the premium amount through cheque. In the year 2007 the complainant has paid annual premium of Rs.10,147/- vide cheque. Complainant received statement from opposite parties for the period 19/01/2007 to 18/02/2007 wherein the opposite parties have debited to the account of complainant Rs.10,147/-. It is shown in the statement that opposite party had paid the amount to ICICI Prudential Life Insurance. This is admittedly a deficiency in service on the part of the opposite parties. The question of debiting to the account of complainant Rs.10,147/- does not arise at all because the complainant had paid annual premium amount of Rs.10,147/- vide cheque No.855019. The complainant received refund cheque for Rs.10,147/-. It is the case of the complainant that instead of adjusting the amount against the credit card dues the ICICI Prudential Life Insurance had given a refund cheque to the complainant. It is the case of the complainant that, complainant never made any request or given consent to pay the premium amount on her behalf. Opposite party never produced any record or evidence to show that the complainant had instructed or given consent for payment of premium amount through credit card account. So, under these circumstances the payment of premium amount by the opposite party Bank is without authorization. It is also an admitted case of the parties that the complainant has paid Rs.10,147/- to the opposite party Bank after she received the refund cheque from ICICI Prudential Life Insurance. Therefore, whatever the amount paid by the opposite party Bank to the ICICI Prudential Life Insurance has been received by the opposite party Bank. Therefore, the complainant need not pay anything in respect of the credit card accounts. The complainant had not gave any instructions to the opposite party Bank to remit the amount to the credit card accounts. Under the circumstances, if the amount has been paid by the opposite party Bank, which was without authorization. Therefore, no fault can be attributed to the complainant. The complainant had admittedly paid the premium amount through cheque. If she had given authorization or instruction to the opposite party Bank to pay the premium amount, the question of giving cheque to the ICICI Prudential Life Insurance could not have arisen. The ICICI Prudential Life Insurance could have directly remitted back the amount to the opposite party Bank since the premium amount had already been given by the complainant by cheque. Instead of that the Prudential Life Insurance had sent a refund cheque to the complainant and soon after getting refund cheque, the complainant deposited Rs.10,147/- to her credit account with the opposite party Bank. Therefore, claiming interest or late payment penalty etc., by the opposite party Bank does not arise. The complainant cannot be penalized for no fault of her. The opposite party has committed deficiency of service in remitting the premium amount to the ICICI Prudential Life Insurance without the instruction or consent or authorization from the complainant. So under these circumstances, the opposite party Bank is not entitled to claim interest and late payment fee or penalty etc. For the mistake of the opposite party the complainant should not suffer. Consumer Protection Act is a social and benevolent legislation intended to protect better interest of the consumers. The complainant though has taken credit cards from the opposite party never used or taken facility or service of the cards till date. Therefore, there is no question of payment of any interest or penalty etc. in respect of credit cards account. The complainant has prayed Rs.1,00,000/- towards mental agony, hardship etc. There is no proof or satisfactory evidence or reasons to claim this exaggerated amount for mental agony, etc. The complainant has not proved by placing sufficient material or evidence before the Fora that she was put to mental agony, hardship, inconvenience etc., on account of the opposite party Bank debiting sum of Rs.4,573/- into her account. Therefore, on the facts and circumstances of the case, I am of the opinion that it is a not a fit case to grant any compensation to the complainant. The ends of justice will be met in declaring that the complainant is not payable or is not due any amount in respect of her credit card accounts. In the result, I proceed to pass the following:- ORDER 6. The Complaint is partly allowed. It is declared that the complainant is not payable any amount or is not due any amount to the opposite party Bank in respect of credit card accounts. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 18TH DAY OF MARCH-2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.,
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