Tamil Nadu

South Chennai

926/2009

G.B.Ravichandran - Complainant(s)

Versus

The Manager, ICICI Bank Ltd., & another - Opp.Party(s)

S.D.N.Vimalanathan

22 Jan 2019

ORDER

                                                                        Date of Filing  : 12.10.2009

                                                                          Date of Order : 22.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.926/2009

DATED THIS TUESDAY THE 22^ND DAY OF JANUARY 2019

                                 

G.B. Ravichandran,

S/o. Thiru. Bakthavatchalam,

No.12/1, 4^th Street,

Anjugam Nagar,

Kolathur,

Chennai – 600 099.                                                      .. Complainant.                                                     

                                                                     ..Versus..

1. The Manager,

ICICI Bank Ltd.,

No.46, Gandhi Mandabam Road,

Kotturpuram,

Chennai – 600 085.  

 

2. ICICI Bank Ltd.,

ICICI Bank Towers,

Bandra-Kurla Complex,

Mumbai – 400 051.                                                 ..  Opposite parties.          

 

Counsel for complainant              :  M/s. S.D.N. Vimalanathan &

                                                         others

Counsel for the opposite parties :  M/s. S. Namasivayam & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.19,50,000/- towards compensation for deficiency in service, mental agony etc with interest at the rate of 24% p.a. from the date of complaint and cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he availed credit card facility of the opposite parties as per the Credit card No.5176530020904002. The complainant while using the credit card, the opposite parties were charging exorbitant interest and the opposite parties’ agents called the complainant unnecessarily and threatened.  On 10.05.2007, the opposite parties issued the statement of accounts showing Rs.1,21,694.67 was due and threatened the complainant to pay the amount immediately.  Hence, the complainant approached the 1^st opposite party and expressed to settle the issues by way of one time settlement.  The opposite parties also agreed for the payment of Rs.70,000/- towards  one time settlement.  Accordingly, the complainant paid a sum of Rs.70,000/- towards one time settlement.  The opposite parties also issued a letter accepting the said amount of Rs.70,000/- as full and final settlement.  Thereafter, the opposite parties issued statement of accounts and called upon the complainant to pay a sum of Rs.58,691.42 arbitrarily and called the complainant through the agents of the opposite parties for payment.  Hence, the complainant issued legal notice dated:26.06.2009 which was returned ‘unserved’.  The act of the opposite parties caused great mental agony.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties 1 & 2 is as follows:

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state that while using the credit card, the complainant kept huge dues and the complainant is a chronic defaulter in payment that the complainant defaulted continuously and owes an outstanding of Rs.52,256/- as on August 2007 which includes principal, interest, penal interest and other miscellaneous charges agreed upon by the complainant.   Hence, the opposite parties issued notice and statement of accounts on 10.05.2007 with an outstanding amount of Rs.1,21,694.67 which was settled by way of one time settlement of on payment of Rs.70,000/- and the entire loan account was closed.  As per the terms and conditions when the customer is unable to pay the total amount due, he can pay the minimum amount due or more than the minimum due, and the balance will be carried on to his account.  The opposite parties state that as per his next statement of accounts, he is liable to pay a total amount due for a sum of Rs.58,691.42 and minimum due for a sum of Rs.39,820/-.  The opposite parties state that having availed the credit card services based on agreement it is not fair on the part of the complainant to make default on his outstanding.   Due to the mistake and computer default statement was generated and issued to the complainant.  Therefore, there is no deficiency in service on the part of the opposite parties and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 & Ex.B2 are marked on the side of the opposite parties 1 & 2. 

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.19,50,000/- towards compensation for deficiency in service, mental agony etc with interest at the rate of 24% p.a. as prayed for with cost?

5.      On point:-

The opposite party filed his written arguments.  The complainant neither filed written arguments nor come forward to advance any oral arguments.  Heard the opposite parties’ Counsel.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that admittedly, he availed credit card facility of the opposite parties as per the Credit card No.5176530020904002.  The complainant while using the credit card, the opposite parties were charging exorbitant interest and the opposite parties’ agents called the complainant unnecessarily and threatened.  On 10.05.2007, the opposite parties issued the statement of accounts showing Rs.1,21,694.67 was due and threatened the complainant to pay the amount immediately.  Immediately, the complainant approached the 1^st opposite party and expressed to settle the issues by way of one time settlement.  The opposite parties also agreed for the payment of Rs.70,000/- towards  one time settlement.  Accordingly, the complainant paid a sum of Rs.70,000/- towards one time settlement.  The opposite parties also issued a letter accepting the said amount of Rs.70,000/- as full and final settlement as per Ex.A1 & Ex.A2.  Thereafter, the opposite parties issued Ex.A5, statement of accounts and called upon the complainant to pay a sum of Rs.58,691.42 arbitrarily and called the complainant  through the agents of the opposite parties for payment which caused great mental agony proves deficiency in service.  Hence, the complainant was constrained to issue legal notice dated:26.06.2009 as per Ex.A3 which was returned ‘unserved’.  Thereafter, the complainant filed this complaint for compensation.

6.     The contention of the opposite parties is that while using the credit card, the complainant kept huge dues and the complainant is a chronic defaulter in payment.  Hence, the opposite parties issued notice and statement of accounts on 10.05.2007 with an outstanding amount of Rs.1,21,694.67 which was settled by way of one time settlement of on payment of Rs.70,000/- as per Ex.A1 and the entire loan account was closed as per Ex.A2.  Thereafter, due to the mistake and computer default, Ex.A5 was generated and was issued to the complainant which has been found out only as per Ex.B2.   There is no threat of any kind by the opposite parties and no deficiency in service also.   But it is very clear that after one time settlement, the opposite parties issued Ex.A5 and demanded a huge amount which caused great mental agony.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2 jointly and severally shall pay a sum of Rs.15,000/- towards compensation for mental agony with cost Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	21.07.2007	Copy of the payment receipt
Ex.A2	21.07.2007	Copy of one time settlement letter
Ex.A3	26.06.2009	Copy of the legal notice sent by the complainant’s Counsel
Ex.A4	01.07.2009	Copy of the returned covers
Ex.A5	18.07.2009	Copy of the credit card balance statement

OPPOSITE  PARTIES 1 & 2 SIDE DOCUMENTS:- 

Ex.B1	17.01.2011	Copy of Power of Attorney
Ex.B2	18.08.2011	Copy of statement of accounts

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT