DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31st day of December 2008.

Present : Smt. H. Seena, President

: Smt. Preetha.G. Nair (Member)

Smt. Bhanumathi.A.K. (Member)

C.C.No.27/2008

T.L. Ouseph

635- B, K.N. Pudur

Behind Assis Convent

Kanjikkode

Palakkad. - Complainant

(Advocate M.P. Ravi)

V/s

1. The Manager

M/s. ICICI Bank Ltd

Udaya Towers

West Fort Road,

Palakkad – 678 001

2. The Accounts Officer

M/s. I C I C I Bank Ltd

Land Mark

Race Course Circle

Vadodara

Gujarath – 390 007 - Opposite parties.

(Advocate M. Ramesh)

O R D E R

By Smt. H. Seena, President

1. Complainant availed 3 loans from the 1^st Opposite parties Branch. He is regularly repaying the instalments. He had paid the instalments due for the month of December 2005 by way of cheque as per auto debit system, which the Opposite parties have presented for collection before the due date and got it dishonoured and penalized the complainant to pay dishonour charges. Similarly in the month of May 2006 also, the Opposite party realized penal charges. The Opposite parties have failed to inform the complainant about the increase in the interest rate and the increased EMI and without informing the same has presented the cheque for the instalments due and got it dishonoured to make an unlawful gain. Opposite parties have pressurised the complainant to pay the penal charges and interest along with

- 2 -

increased instalment without giving him any intimation about the increase in the interest rate and EMI rate. The acts of the opposite parties amounts to deficiency of service and lead to great inconveniences and financial loss to the complainant. Statement of accounts also shows him an as defaulter even though it is not due to his fault. Even after the receipt of the lawyer notice, Opposite parties has not cared to reply for the same. According to the complainant, the act of the Opposite parties amounts to clear deficiency of service on their part. Complainant is claiming an amount of Rs.25,000/- as compensation for the loss and mental agony suffered by him.

 

0. Even though the Opposite parties appeared, no version or affidavit was filed.

3. The evidence adduced consist of the proof affidavit and Exhibit A1 to A6 marked on the side of the complainant.

    

4. The grievance of the complainant is that he was not informed about the increased interest rate. Opposite parties without informing the same has presented the cheque for the instalment due and got it dishonoured to make an unlawful gain. As the complainant is treated as a defaulter, it reflects in his accounts and creates much trouble when he approaches other Banks for loan. It is evident from Exhibit A1 to A4 that the complainant has paid the penal charges. Exhibit A6 series shows the grievance has been duly informed to the Opposite parties. Opposite parties has not taken any steps to rectify the mistake. No contrary evidence to that of the complainant's is adduced by the Opposite parties. Hence we attribute deficiency of service on the part of the Opposite parties.

5. In the result, Complaint allowed. Opposite parties are directed to pay the Complainant a sum of Rs.5,000/- as compensation and Rs.1,000/- as cost of the proceedings. Order shall be complied within one month from the date of communication of the order, failing which the whole amount shall carry 9% interest

   - 3 -

   per annum from the date of order till realization.

Pronounced in the open court on this the 31^st day of December, 2008.

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Exhibits marked on the side of the complainant

1. Ext. A1 - Statement of Transactions in Savings account Number 026201500281 for the

period from 01/04/2007 to 30/06/2007

2. Ext. A2 - Statement print Account of ICICI Bank dated 19/01/06

3. Ext. A3 - Statement print Account of ICICI Bank dated 16/12/06

4. Ext. A4 - Statement of Transactions in Savings account Number 026201500281 for the

period from 01/10/2005 to 31/12/2005.

5. Ext. A5 - Statement print Account of ICICI Bank dated 23/01/08

6. Ext. A6 series – Acknowledgment cards addressed to Accounts Officer, ICICI Bank,

ICICI Bank,Land Mark, Race Course Circle, Vadodara, Gujarath.

Forwarded/By Order

Senior Superintendent