Tamil Nadu

South Chennai

267/2010

T.Dhanapal - Complainant(s)

Versus

The Manager, M/s. ICICI Bank Ltd.,& others - Opp.Party(s)

Party in Person

22 Jan 2019

ORDER

                                                                        Date of Filing  : 18.06.2010

                                                                          Date of Order : 22.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. 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.267/2010

DATED THIS TUESDAY THE 22^ND DAY OF JANUARY 2019

                                 

T. Dhanapal,

S/o. T.N. Thanikachalam,

New No.47, Old No.24,

Thiruvalluvar Street,

Valasaravakkam,

Chennai – 600 087.                                                      .. Complainant.                                                       

 

                                        ..Versus..

 

1. The Manager,

M/s. ICICI bank Ltd.,

Alwarpet Branch,

No.68, C.P. Ramaswamy Road,

Alwarpet,

Chennai – 600 018.

 

2. The Manager,

ICICI Bank Ltd.,

ICICI Bank Towers,

Credit Card Division,

2^nd Floor, Arhant Towers,

Ambattur (Near Wavin Bus Stand),

Chennai – 600 058.

 

3. The Authorised Signatory,

M/s. ICICI Lombard Insurance Company Ltd.,

No.402/B, Interface Building,

No.11, Link Road,

Malad (West),

Mumbai – 400 064.

 

 

4. The Nodal Officer,

ICICI Bank Ltd.,

C-Serv, Phone Banking,

5^th Floor, Mohd. Illyas Khan Estate,

Road No.1, Banjara Hills,

Hyderabad – 500 034.                                             ..  Opposite parties.

          

 

For complainant                                         :  Party in person

Counsel for the opposite parties 1, 2 & 4 :  M/s. S. Namasivayam &

                                                                       others

Counsel for the 3^rd opposite party            :  M/s. Elveera Ravindran &

                                                                      another

 

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 rectify discrepancy in the statement of account, to reverse the debited amount to the account and to pay a sum of Rs.3,00,000/- towards compensation for inconvenience, mental agony and deficiency in service with cost to the complainant.

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

The complainant submits that he has taken three personal loans from ICICI Bank, the opposite parties herein; out of which, two loans of Rs.2,00,000/- each and their EMI of Rs.5,668/- and Rs.6,034/- respectively and another loan of Rs.50,000/- and its EMI of Rs.4,662/-.  The complainant submits that the EMI for the loan has been paid regularly from the account of the complainant through ECS.  The complainant submits that the complainant has taken Lombard Health Insurance Policy for himself and his wife bearing No.4034/FNP/0212748/00/000 - T. Dhanapal dated:22.04.2007 and another policy No.4034/FPA/02126654/00/000 - D. Bharathi Dated:22.04.2007 which is  valid till 21.04.2008.   The EMI for the Lombard Health Insurance Policy have been debited from the complainant’s credit card No.4477 4780 4209 6002.  The complainant informed the Lombard Health Insurance Company through customer care over phone to terminate the policy since they failed to send the health cards and stopped EMI payment from November 2008.  But the opposite party debited the EMI for the Lombard Health Insurance upto March 2009 together with late fees, service tax, etc and debited monthly EMI for the personal loan of Rs.50,000/- in the absence of ECS to the loan.   The complainant submits that the complainant has remitted an amount of Rs.6,000/- & Rs.7,382/- on 02.07.2009 to ICICI Bank S.B. Account No.602801506657 towards payment of personal loan.   While so, on verification of the account on 05.07.2009, a sum of Rs. 11,270.49/-, the opposite party put on hold towards the complainant’s credit card and later transferred to ICICI credit card No.4477 4780 4209 6002 without his knowledge.   The complainant submits that he also made written complaint to the ombudsman but he has not been properly considered his complaint.   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 & 4 is as follows:

The opposite parties 1, 2 & 4 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties 1, 2 & 4 state that they are the officials of ICICI Bank Limited having enormous reputation.   It provides loan for different purposes and credit cards for interested persons.   The opposite parties 1, 2 & 4 state that the complainant had taken Lombard Health Insurance Policy for himself and for his wife bearing No.4034/FNP/0212748/00/000 – T. Dhanapal issued on 22.04.2007 and Policy No.4034/FPA/02126654/00/000 – D. Bharathi issued dated:22.04.2007.   the Lombard Health Insurance issued health cards for himself and for his wife valid till April 2008.  The EMI for Lombard Health Insurance Policies have been debited in his ICICI Bank credit card No.4477478042096002 and that the complainant informed to Lombard Health Insurance Customer Care over phone and also reminders through letters to send valid renewed health cards that they failed to send the health cards.  In the absence of non-receipt of valid health Insurance Cards the complainant had paid EMI for Lombard Health Insurance Policies from May 2008 to October 2008 and that he had stopped EMI payment from November 2008 after informing to ICICI Health Insurance, ICICI Bank and ICICI Bank Credit Card Division.  ICICI Bank Credit Card Division has debited the EMI for Lombard Health Insurance upto March 2009 together with late fees, service tax etc.  Also Lombard Insurance has debited monthly EMI Towards his personal loan of Rs.50,000/- LPCHE00012524924 in his ICICI Bank Credit Card No.4477478042096002 are all related to the 3^rd opposite party and not for these opposite parties and hence denied as false and the complainant is put to strict proof of the same.  With reference to the allegations, it is submitted that once the credit card is used by the card holder he is under obligation to pay the amount outstanding shown in the  monthly statement furnished to him which is based on his usage.   Having received the credit card services and personal loan facility, based on agreement to abide by certain conditions, the complainant is stopped from going back on that.  The opposite parties 1, 2 & 4 state that under section 171 of the India Contract Act, the opposite parties have a statutory Banker’s lien on the moneys held in the Accounts of the borrower and there is no deficiency of service.  The complainant has made this claim with a view to make unjust enrichment.   Therefore, there is no deficiency in service on the part of the opposite parties 1, 2 & 4 and hence the complaint is liable to be dismissed.

3.      The brief averments in the written version filed by the  3^rd opposite party is as follows:

The 3^rd opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The 3^rd opposite party admits that the complainant had paid the monthly EMIs from May 2008 to October 2008 and that he had stopped making the monthly payments towards EMIs from the month of November 2008.   The 3^rd opposite party had debited monthly EMI towards his personal loan of Rs.50,000/- LPCHE 00012524924 as the 3^rd opposite party did not disburse the said loan and was not connected with the said loan in any way.  The 3^rd opposite party states in any event, the complainant himself has admitted that he had taken the policies being Policy No.4034/FNP/02121748/00/000 issued on 21.04.2007 and Policy No.4034/FPA/02126654/00/001 issued on 24.04.2007 which he had taken at will and that he had paid a premium of Rs.7,245/- and Rs.6,696/- and since both the policies had been utilised for a period of more than 1 year and 10 months no refund was possible.  Moreover, the 1^st opposite party has sent a letter dated:12.01.2010 to the complainant clearly explaining that since he had sought for a cancellation of the policies on 20.02.2009 after a period of 1 year and 10 months as per the refund grid no refund was permissible.   Therefore, there is no deficiency in service on the part of the 3^rd opposite party and hence the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 are marked.  Proof affidavit of the opposite parties 1, 2 & 4 is filed and documents Ex.B1 & Ex.B2 are marked on the side of the opposite parties 1, 2 & 4.  Proof affidavit of the 3^rd opposite party is filed and no documents marked on the side of the 3^rd opposite party.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get reverse the amount debited by the opposite parties as prayed for?
2. Whether the complainant is entitled to a sum of Rs.3,00,000/- towards compensation for inconvenience, mental agony and deficiency in service with cost as prayed for?

6.      On point:-

Both parties filed their respective written arguments. Heard the opposite parties’ Counsel also.  Perused the records namely the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he has taken three personal loans from ICICI Bank the opposite parties herein; out of which, two loans of Rs.2,00,000/- each and their EMI of Rs.5,668/- and Rs.6,034/- respectively and another loan of Rs.50,000/- and its EMI of Rs.4,662/- paid regularly is admitted.   Further the contention of the complainant is that the EMI for the loan has been paid regularly from the account of the complainant through ECS as per Ex.A8.   Further the contention of the complainant is that the complainant has taken Lombard Health Insurance Policy for himself and his wife bearing No.4034/FNP/0212748/00/000 - T. Dhanapal dated:22.04.2007 and another policy No.4034/FPA/02126654/00/000 -D. Bharathi Dated:22.04.2007 which is  valid till 21.04.2008.   The EMI for the Lombard Health Insurance Policy have been debited from the complainant’s credit card No.4477 4780 4209 6002.  The complainant informed the Lombard Health Insurance Company through customer care over phone to terminate the policy since they failed to send the health cards and stopped EMI payment from November 2008.  But the opposite party debited the EMI for the Lombard Health Insurance upto March 2009 together with late fees, service tax, etc and debited monthly EMI for the personal loan of Rs.50,000/- in the absence of ECS to the loan.   The opposite parties 1, 2 & 4 also, admitted in their written version that “Once the credit card is issued, the cardholder is under obligation to pay the amount outstanding shown in the monthly statement furnished to him, which is based on usage.  Having received the credit card services, based on agreement to abide by certain conditions, the complainant is stopped from going back on that”.   But it is not denied that the complainant agreed for the payment of  EMI through ECS for two personal loans of Rs.2,00,000/- each and the insurance policies and requested the opposite parties to terminate  the insurance policies only.

7.     Further the contention of the complainant is that the complainant has remitted an amount of Rs.6,000/- & Rs.7,382/- on 02.07.2009 to ICICI Bank S.B. Account No.602801506657 towards payment of personal loan as per Ex.A8.  While so, on verification of the account on 05.07.2009, a sum of Rs. 11,270.49/-,  the opposite party put on hold towards the complainant’s credit card and later transferred to ICICI credit card No.4477 4780 4209 6002 without the knowledge.  Thereby, hampered the EMI payment towards personal loans caused great hardship and mental agony; is not denied by the opposite party proves unfair trade practice and deficiency in service.  On the other hand, the opposite parties has exercised under section 171 of the Indian Contract Act i.e. bankers lien on moneys of the borrower.  The 3^rd opposite party also admitted in his written version that “In any event, the complainant himself has admitted that he had taken the policies being Policy No.4034/FNP/02121748/00/000 issued on 22.04.2007 and Policy No.4034/FPA/02126654/00/001 issued on 22.04.2007 which he had taken at will and that he had paid a premium of Rs.7,245/- and Rs.6,696/- as per Ex.A1 and since both the policies had been utilised for a period of more than 1 year and 10 months no refund was possible.  Moreover, the 1^st opposite party has sent a letter dated:12.01.2010 Ex.A7 to the complainant clearly explaining that since he had sought for a cancellation of the policies on 20.02.2009 after a period of 1 year and 10 months as per the refund grid no refund was permissible”.  But in this case, the complainant is claiming readjustment of the amount.  Further the contention of the complainant is that the representation to the ombudsman has not been properly considered.   Hence, the complainant was constrained to file this case claiming for reverse of the amount debited by the opposite parties and compensation with cost.  The statement of accounts given as per Ex.A8 will prove that the opposite parties deliberately withheld the amount of Rs.11,702/- and debited into his account proves the deficiency in service.

8.     The contention of the opposite parties is that admittedly, the complainant signed an agreement for utilising the credit card service and person loan subject to the terms and conditions is one of the contract.  Thereby, the complainant has agreed to use the credit card services of the opposite parties.   Whenever there is due on the credit card, and the personal loan, the opposite parties at liberty to excise banker’s lien u/s 171 of the Indian Contract Act.   Further the contention of the opposite parties is that after few instalments, the complainant defaulted continuously and liable to pay huge amount towards credit card from December.   But on a careful perusal of the statement of accounts Ex.B2, almost all statement shows as total amount due is below Rs.10,000/- and that too also, only towards interest on late payment, service tax, interest charges, processing fee levied for cash payment etc which is beyond the scope of RBI guidelines.   Further the contention of the opposite parties is that admittedly, the complainant and his wife availed Lombard Health Insurance Policy on 22.04.2007 which is valid till 21.04.2008.  The complainant has to pay EMI for 24 months till 2009   since, the complainant availed the benefits till February 2009 i.e. for 22 months.  But the complainant has requested the opposite parties to  terminate the policy from December 2008.   The complainant also has not availed any claim on the basis of the insurance policy.  The allegation that the complainant availed benefit till February 2009 cannot be accepted because admittedly the complainant has not paid the premium immediately after the lapse of 1 year by 21.04.2008.  On the other hand, without any intimation the opposite parties through credit card collected the amount from the account of the complainant for which, the complainant also sent representation as per Ex.A3 proves the deficiency in service.     Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 to 4 shall reverse the debit amount of Rs.11,702/- into the account of the complainant with a compensation of Rs.10,000/- and  cost of Rs.5,000/-.

In the result the complaint is allowed in part.   The opposite parties 1 to 4 are jointly and severally liable to reverse the debit amount of Rs.11,702/- (Rupees Eleven thousand seven hundred and two only) and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant. 

The aboveamounts shall be payable within 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	April 2007	Copy of Risk Assumption letter from ICICI Lombard Insurance Co. Ltd.
Ex.A2	03.12.2008	Copy of letter to Nodal Offer, Hyderabad & Lombard Insurance
Ex.A3	02.07.2009	Copy of letter to ICICI Bank Ltd., Credit Card, Ambattur
Ex.A4	27.07.2009	Copy of letter to ICICI Bank Ltd., Mumbai & Vadodara-7
Ex.A5	06.10.2009	Copy of letter to ICICI Lombard Insurance Co. Ltd., Mumbai – 64.
Ex.A6	14.10.2009	Copy of letter to Nodal Officer, Hyderabad, Mumbai & Ambattur
Ex.A7	12.01.2010	Copy of letter from ICICI Bank Ltd., Mumbai
Ex.A8	30.09.2009	Copy of S.B. Account Statement from 01.07.2009 to 30.09.2009
Ex.A9	18.07.2009	Copy of Credit Card Statement for the month of July 2009
Ex.A10		Copy of Proof of despatch of letters

 

OPPOSITE  PARTIES 1, 2 & 4 SIDE DOCUMENTS:- 

Ex.B1		Copy of Power of Attorney
Ex.B2		Copies of Statement of Accounts

 

3^RD OPPOSITE  PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT