In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 101 / 2008 1) Ram Awatar Ramsisaria, 156A, M.G. Road, Kolkata-700007. ---------- Complainant ---Verses--- 1) ICICI Bank Ltd. Race Course Circle, Vadodara-390007. 2) Customer Service Officer, ICICI Bank Ltd., 414, Senapati Bapat Marg, Mumbai-400013. 3) ICICI Bank Ltd., ICICI House, 3A, Gurusaday Road, Kolkata-700019. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Smt. Jhumki Saha, Member. Sri T.K. Bhattachatya, Member. Order No. 1 4 Dated 2 6 / 1 0 / 2 0 0 9 . The petitioner, Ram Awtar Ramsisaria by filing a petition u/s 12 of the C.P. Act, 1986 has prayed for a direction to be given upon the o.p. not to claim the further amount of bills on and from 28.4.07, to pay a compensation of Rs.80,000/- for causing mental and physical; harassment and litigation cost of Rs.19000/- and also to pass such other order or orders the forum deem fit and proper. The complainant is the holder of a credit card bearing no.4477473742394005 issued by the o.p. ICICI Bank Ltd. He paid the entire claim of the o.p. from time to time till the month of March 2007 in his said credit card account. But on 28.4.07 the complainant received one statement of account issued by the o.p. claiming Rs.43,495/- in the name of Niraj Ramsisaria, his wife, by using one unknown credit card bearing no.4477473742394104, annexured and marked Exhibit-I . Since the complainant never received such credit card in the name of his wife nor he ever prayed for the issuance of such credit card in the name of his wife, Niraj Ramsisaria, he did not make any payment and he wrote a letter on 8.5.07 to the o.p. stating therein that since the amount claimed by the o.p. is fraudulent, illegal and exorbitant, he is not at all willing to pay the same, vide exhibit-2,3,4. After that by a letter dt.10.5.07, o.p. intimated the complainant that the disputed card bearing no.4477473742394104 has been deactivated vide exhibit-5. But on 29.5.07, o.p. sent another bill claiming Rs.1163.65 whereby he found that in spite of the fact that the card was deactivated on 10.5.07 as per o.p’s letter, transactions were made by thirty party on 11.5.07, 16.5.07, 17.5.07 and o.p. also failed to give any proper explanation. And on 29.6.07 again o.p. sent a bill claiming Rs.54,089.85 on account of fraudulent debit of the credit card in question made by the thirty party, exhibit-7. After that by sending bills regularly, o.ps went on claiming different amounts, namely for 28.7.07 – Rs.57,598 for 29.8.07 – Rs.60,940.89 and lastly on 1.3.08 and 31.3.08, exhibit-8,10,12,13,14,15. The petitioner made several visits to the office of he o.ps. on a number of occasions, especially vide exhibit no.11, visitor’s slip. The petitioner also wrote a number of letter dt.10.8.07, exhibit-9 and so on. But on 31.3.08 to his utter surprise, the petitioner found his bank account bearing no.000601510697 to be debited by the disputed amount of Rs.80,811.03, without giving any information to him and which amounts to deficiency of service on the part of the o.p. So, the o.ps. adopted unfair trade practice since credit card in question bearing no.4477473742394104 was never applied for either by the petitioner or his wife. Accordingly, there is no question of use of the same by the petitioner. In spite of that, the o.ps. harassed the petitioner by way of claiming fraudulent amount as well as debiting the same from his account. The o.ps. were duly served with notice after the admission of this petition. none appeared. No w/v was filed to controvert the allegations made by the complainant in his petition. Decision with reasons : We have perused all the documents and annexures filed the complainant. By a letter dt.10.5.07, the o.p. informed the petitioner that the credit card in question bearing no.4477473742394104 had been blocked. In spite of that the card was active, and it was used by some third party and o.ps. were sending bills claiming different amounts from the petitioner. Although through their letter dt.10.5.07, they gave the assurance to the complainant to investigate the whole matter. But no fruitful result was communicated to the complainant till the date. They not even filed any w/v to controvert the allegations of the complainant. Hence, there is nothing to disbelieve the unchallenged testimony of the complainant. Accordingly, the o.ps. are found to be deficient in rendering services to the complainant Hence, the case succeeds and ordered, That the o.ps. are directed to make credit of an amount of Rs.80,811.03 (Rupees eighty thousand eight hundred eleven and paise three) only to the petitioner’s account bearing no.000601510697 within fifteen days from the date of communication of this order, in default it will carry an interest @ 10% p.a. till the compliance. Complainant do also get an award of Rs.10,000/- (Rupees ten thousand) only as compensation and Rs.2000/- (Rupees two thousand) only as litigation cost. The o.ps. are directed to pay the total amount of Rs.12,000/- (Rupees twelve thousand) only within one months from the date of communication of this order to them, in default, it will carry an interest @ 10% p.a. till full realization. Supply certified copy of this order to the parties on payment of prescribed fees. Sd- Sd- Sd- ____________ ____________ ____________ MEMBER MEMBER PRESIDENT |
