Date of Filing : 25.03.2010
Date of Order : 23.06.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 23rd June 2011
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. 655 / 2010
Dr.A.Arun Kumar,
S/o.late. Dr.A.Narasimhan,
Aged about 48 years,
Residing at No.910/A,
3rd Main Road, Vijayanagar,
Bangalore 40. ……. Complainant
V/s.
1. The Manager,
M/s ICICI Bank Ltd.,
Credit Card Division,
Bommanahalli,
Bangalore.
2. The Branch Manager,
ICICI Bank Ltd.,
Vijayanagar Branch,
Service road, M.C.Layout,
Bangalore 560 040.
3. The Manager,
ICICI credit Card Operations,
ICICI Bank Ltd., 5th Floor,
Md. Illayas Khan Estate,
Above Music World,
Road No.1, Banjara Hills,
Hyderabad 500 054. …… Opposite Party
* * * *
ORDER
(By the Member Sri.Balakrishna V Masali)
The complainant has filed this complaint under section 12 of the Consumer Protection Act.
2. The facts of the case are that the complainant is a holder of Credit Card No.4477 478537836003 with the ICICI Bank Credit Card Division, Opposite Party No.1 herein with Credit limit up to Rs.25,000/-. He had taken the above said Credit Card during February 2007 and he has been very regular in the matter of paying the amounts due and payable to the bank as per the account Statement. That the complainant swiped his Credit Card from March 2007 to July 2008. He was paying also the minimum amount due to the bank after obtaining office receipts. Since the complainant was not keeping good health and for his own reasons he decided to close the Credit Card Account with the opposite party No.1 by getting the amount due. On 30.07.2008 one of the representative of the opposite party No.1 the balance of amount due by the complainant will be settled through a negotiated settlement shortly, the complainant issued cheque bearing No.047137 dated 30.07.2008 for Rs.5,000/-. The complainant received credit card settlement dated 19.12.2008 from the opposite party No.1 demanding Rs.5,622/- from the complainant. The opposite party No.1 again sent credit card statement dated 19.01.2009 claiming Rs.54,075/- on 28.01.2009, Manager In-charge of the credit card section at the bank telephoned to the complainant and demanding a further sum of Rs.10,680/- towards full and final settlement the complainant promptly issued cheque bearing No. 054420 for Rs.10,680/- to the representative at the opposite party No.1. On 09.02.2009 the complainant has received a letter from the opposite party No.1 to the effect that in view of the exceptional circumstances explained by the complainant the bank confirmed the acceptance of Rs.28,000/- as full and final settlement on his credit card account as on one time concession without setting a precedent and that he should pay up the said amount within the stipulated time in the said legal notice it was emphatically made clear that the complainant was not liable to make good Rs.67,190/- or any sum to the with respect to his Credit Card account. He having already paid in full and final settlement also the amount due to the bank. Wherefore the complainant prays that this forum be pleased to pass an order directing the Opposite parties 1 to 3 to close the credit card account and send ‘No Due certificate’ grant compensation of Rs.50,000/-. Hence this complaint.
4. Notice was issued to opposite parties by RPAD, opposite parties up in appearance through advocate and filed defence version stating that the complainant approached and sought for a credit card. The same was sanctioned. As per the terms and conditions had under taken to make the payment towards outstanding on the credit card within the period specified therein. The complainant was due on 18.05.2007 an amount of Rs.27,477.37/- and as on the date of filing of the above complaint on 25th March 2010 the complainant was on due amount of Rs.74,502/-. Further, the statement of account clearly shows that the complainant is a chronic defaulter. The opposite party maintaining the good relationship with the complainant and also considering the request at the complainant had offered by settlement letter dated 09th February 2009 to the complaint to pay Rs.28,000/- as full and final settlement which had to be paid within the due date 08.03.2009 the reduction officer was given to the complainant based only on the condition of “timely payment which had been clearly mentioned in the said settlement letter. However, the complainant had derelict to the extended help of the opposite party and continued to be the defaulter. As such, they said offer letter stands null and void and the opposite party is entitled to claim the entire outstanding amount. The first opposite party had intimated to the complainant several times regarding the outstanding amount. The amount debited by the first opposite party was the part of the outstanding amount payable by the complainant which inclusive of late payment charges, financial charges, interest on the outstanding amount. As the complainant had failed to pay the outstanding amount as per the terms and conditions of the settlement letter, the opposite party is having the right to recover the entire outstanding amount from the complainant. Hence there is no deficiency of service on the part of the opposite party and the complaint is deserves to be dismissed. It is specifically denied that the complainant had made the payment of Rs.28,000/- as alleged by him towards the full and final settlement and the complainant is put to strict proof of the same. Wherefore it is prayed that this Hon’ble Forum pleased to dismissed the complaint against the opposite party
5. Affidavit evidence of both the parties filed, perused the affidavit and documents. Argument heard.
6. The points for consideration are
i. Whether there was any deficiency of service on the part of the opposite parties?
ii. What order or relief?
REASONS
7. Perused the complaint version and documents. It is an admitted fact that the complainant had availed a credit card facility from the opposite parties which is bearing card No.4477478537836003 the complainant has used the credit card issued by the opposite parties. The complainant was due on 18.05.2007 an amount of Rs.27,477/- as per the statement of account dated 23.05.2010 the complainant was liable to pay an amount of Rs.74,502/-. Though that much of amount was pending in the credit card account of the complainant, the complainant on the other hand made request to the opposite parties to give some concession so as to enable to make the entire outstanding as settlement of his due. The opposite parties by considering the request made by the complainant, the opposite parties maintaining the good relationship with the complainant and also considering the request of the complainant had offered by settlement letter dated 09th February 2009 to the complainant to pay Rs.28,000/- as the full and final settlement which had to be paid within the due date i.e., the subsequent monthly bill received by the complainant which specified the due date as 08.03.2009. The opposite parties specifically stated in the settlement letter dated 09.02.2009”. In view of the exceptional circumstances as explained by you, we confirm the acceptance of Rs.28,000/- in as full and final settlement on the above mentioned card account by cash/cheque. The above full and final settlement is being granted on one time basis without settling any proceeds and finally payment is essence at their settlement offered you. Should any cheque issued after the date of settlement letter be dishonored or amount of any installment is not paid within aforesaid due dates. The above settlement would stands null and void and you would be liable to pay the entire revised outstanding as per the current status. The complainant defaulted in payment of settlement amount. The opposite parties made repeated request to the complainant to made a settlement payment. The complainant not produced documents to show that the settlement amount at Rs.28,000/- has been paid. The prayer sought by the complainant cannot be granted as the complainant without making settlement payment and ‘No due certificate’ cannot be issued till the settlement amount is paid to the opposite parties. Therefore there is a due of settlement amount from the complainant. There is no deficiency of service from the opposite parties. In the result I proceed to pass the following
ORDER
The complaint is dismissed. No cost.
Send a copy of the Order to both the parties at free of cost.
Pronounced in the Open Forum on this 22nd June 2011.
Order accordingly
MEMBER
We concur the above findings
MEMBER PRESIDENT
HAV*
