ICICI Bank Credit Card

**Sidhant** · 09-12-2009, 09:18 AM

Tmt. K. Kumutha

Old No.57, New No. 32,

South Street No.4,

Avarampalayam

Coimbatore-641044. --- Complainant

Vs.

1. ICICI Bank Ltd.,

16, Shasthri road, 1st Floor,

Ramar Koil Opp, Ramnagar,

Coimbatore – 641 009.

2. ICICI Bank Credit Card Operation

P.B.No. 7931, Tulsiwadi,

Mumbai – 400 034.

3. Lank Mark ICICI Bank Ltd.,

Race Course Circle,

Vadadara – 390 007. --- Opposite Parties.

This case coming on for final hearing before us on 26.05.2009 in the presence of Thiru.L.Rajendran,and Thiru.A. Mahendran for complainant and of Thiru V. Mahendran & Associates, Advocates for the Opposite Parties and upon perusing the case records and hearing the arguments and the case having stood over to this day for consideration, this Forum passed the following:

ORDER

Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite parties to pay a sum of Rs.1 lakh as compensation for mental agony,tension, stress waste of time etc and to pay cost of the proceedings.

The case of the complaint are as follows:

1. The Complainant obtained Credit Card bearing No. 5177194205637009 from opposite party, payment of dues was made within the due date promptly. The complainant was advised to pay the due of Rs.1,922/32 during the month of April 2006 instead of the actual due of Rs.1,570/- The complainant was asked to pay Rs.352/32 extra without any details. Immediately the complainant made an enquiry and asked for clarification of the amount of Rs.352/32 added extra. The opposite parties have not responded properly and lethargically informed that the amount charged additionally might be for coverage of “ICICI Lombard Insurance” of sister concern of the opposite parties. She did not opt such coverage of Insurance of opposite party at any point of time and the opposite party themselves covered insurance without the consent of the complainant.

2. However the complainant had settled the actual due of Rs.1,570/- in time i.e. before the due date. The opposite party has not sent any reply with details for the additional claim of Rs.352/32 made. This apart, during May 2006 the complainant was subsequently advised to pay the due of Rs.4,342/44 against the actual due of only Rs.3,524/- with an additional demand of Rs.818/24 as did in the past. The complainant again wrote a letter dated 25.5.06. But the opposite parties have not sent any reply even after the letter dated 25.5.06 to the complainant. However, the complainant, had settled of the actual monthly due of Rs.3,524/- for the Credit Card during May 2006 in time. The opposite parties sent a statement of dues to the usage made during June 2006 and it was specified to pay the due of Rs.8,853/15 against actual due of Rs.8,502/- with an additional claim of Rs.353/15 as did in the previous month.

3. The opposite parties have not sent any reply for such additional charges made again and again. The complainant paid the actual due of as Rs.8,502/- and mailed a letter dated 3.7.06 stating the dissatisfaction and disappointment over the transaction of the opposite party and the complainant had also submitted detailed statement containing the various transactions and payment of dues and additional claim made by the opposite parties and sought for urgent reply and action from opposite parties. The complainant was forced to return the credit card to the opposite party under cover of a letter dated. 5.11.05 expressing her displeasure and disappointment over the transaction with the opposite parties.

4. Under the circumstances after about one and half years, the opposite parties have suddenly sent letter mentioning that there is an outstanding due of Rs.7,339/03 due from the complainant. It is also stated in the letter that the complainant is not regular in effecting payment and complainant has not paid even minimum monthly installment inspite of repeated remainders and the complainant was informed in this letter, to attend for conciliation proceedings. The complainant has sent notice dated 13/11/07 to the opposite parties through her counsel about the allegations leveled by the opposite parties and demanded to issue a no due certificate to the complainant. The opposite has sent a reply to notice dated 22.11.07 through their counsel with all baseless allegations. Hence this complaint.

The case of the opposite parties are as follows:

5. The complaint is false, frivolous and vexatious. It is true that the complainant is having a credit card in the account number 5177194205637000 with the opposite party’s Bank. The complainant case is an amount of Rs.352/32 was charged in the account April, which shall be reflected in the May month statement. But she has not produced the particular months statement as an evidence to substantiate her case. It is stated that the complainant herself admitted in the para No.3 of her complaint that she has paid Rs.1,570/- by deducting the Rs.352/- While she has not made the full payment it is quit nature that attracts all other charges. In case of any insurance coverage given to the customer, that would have been done only with the consent of the customer. Even after that if the customer is not willing to continue with the insurance cover the amount will be reversed on the request of the customer.

6. If the complainant is really willing to cancel the card, as said in the para No.4, she should have cut the card into 6 pieces and presented to the bank along with the letter for cancellation. Nothing was said in the complaint the card was cancelled by following this procedure. This procedure is followed to ensure the protection from the misuse of the card by some third party. Complainant has not followed any of these steps and it is meaningless to blame the opposite parties. Further the complainant has not produced any evidence to prove that the card was cancelled or closed. Hence the opposite party submits that they have not committed any deficiency in service. Therefore they are not liable to pay any damages as demanded by the complainant.

7. The complainant and opposite parties have filed Proof Affidavits along with Exhibits A1 to A8 was marked on the side of the complainant and Ex.B1 was marked on the side of the opposite parties.

The point for consideration is

1. Whether the opposite party has committed deficiency in service? If so to what relief the complainant is entitled to?

ISSUE 1:

8. The complainant is having credit card in the account No. 5177194205637009 with the opposite party is admitted. The case of the complainant is that an additional amount of Rs.352.32 etc. was charged by the opposite party in the month of April, May and June 2006 and when made an enquiry the opposite party informed that the amount charged is for ICICI Lombard Insurance of Sister’s concern of the opposite party. The contention of the opposite party is that it would have been done only with the consent of the customer, and if the customer is not willing to continue with the insurance cover the amount will be reversed on the request of the customer.

9. Ex.A1, A2, A3 and A4 are the letters written by complainant dated 4.5.06, 25.5.06, 3.7.06 and 4.11.06 questioning the authority of the opposite party collecting additional amount towards the insurance premium without his consent. There is no reply from the opposite party. Ex.A5 is the letter dt.3.11.07 written by the opposite party to the complainant inviting him too conciliation proceedings to be held on 12, 13 November 2007. Ex.A6 is the legal notice issued by the complainant and Ex.A7 is the reply by the opposite party.

10. The opposite parties have not responded properly and lethargically informed that the amount charged additionally might be for coverage of ICICI Lombard Insurance. The specific case of the complainant is that she did not opt for such coverage of insurance at any point of time and the opposite parties themselves covered insurance without the consent of the complainant. The opposite parties failed to produce any document in support of their contention. They ought to have obtained consent from the complainant before collecting additional amount for insurance. Hence we are of the view that the opposite parties have committed deficiency in service and they are liable to pay compensation.

11. In the result, we direct the opposite parties to issue No Due Certificate to the complainant and to pay Rs.10,000 as compensation for mental agony and to pay cost of Rs.1000 within a period of two months from the date of this order failing which the complainant is at liberty to execute this order u/s.25 and 27 of the Consumer Protection Act, 1986.

**nitintakalkar** · 09-14-2009, 11:13 PM

My Self Nitin N. Takalkar availing ICICI credit card services from last 3 and more years.
My Credit card number is (4477 4741 7187 9003).
I was regular customer till Jun 08. In the month of Jun 08 my outstanding payment was Rs. 22,674/- which was my usage of credit limit at that time.
Since then, till date bank has charged me Rs 19,331/- as charges under various heads like Auto Debit return fee, Service tax, Interest Charges, Over limit fee, Late Payment .
Now, from Jun 08, I paid Rs. 37,653/- against my usage of Rs. 22,674/-.
That means, I have paid Rs. 14, 979/- extra to my credit card which is on much … much higher side if you compare this with bank interest rate.
From last two months I am trying to get in touch with banks customer care department to convey them fact and figures by various ways, but after my every efforts, they still come up with the line saying pay the outstanding.
Almost 5 time I have requested them, that I have paid more than enough now, just close my credit card services, and don’t charge me any more charges.
Also, their Credit Card recovery department is still following me to pay my outstanding of credit card, which is beyond my understanding.

Expecting your earliest affirmative response.
Regards,
Nitin Takalkar
Cell No. 9881126619

**gunaseelan** · 12-10-2009, 07:49 PM

Hello,

I held a credit card with ICICI: 5177194152641004

I had paid all the dues and applied for closure of the card on July 2005. The agent who got the money from me, gave a letter for the same and said I will receive another letter from Mumbai. After 4 years, now I' getting calls saying that I need to pay an amount of 30,000 for the same card which I thought was closed.

The person by the name Lawrence from ICICI, Mount Road, Chennai branch collected the amount of 18968 from me on July 2005. Why am I getting unwanted calls from your bank?

It is really pathetic and I feel tortured. I need the clearance from your side. And they are also threatening to add my name in Black list, etc. They are saying that the letter they had given in 2005 is invalid. Should I file a suit against ICICI? How do I go about it?

-Guna

**ICICI Bank Care** · 12-15-2009, 08:25 AM

Originally Posted by gunaseelan

Hello,

I held a credit card with ICICI: 5177194152641004

I had paid all the dues and applied for closure of the card on July 2005. The agent who got the money from me, gave a letter for the same and said I will receive another letter from Mumbai. After 4 years, now I' getting calls saying that I need to pay an amount of 30,000 for the same card which I thought was closed.

The person by the name Lawrence from ICICI, Mount Road, Chennai branch collected the amount of 18968 from me on July 2005. Why am I getting unwanted calls from your bank?

It is really pathetic and I feel tortured. I need the clearance from your side. And they are also threatening to add my name in Black list, etc. They are saying that the letter they had given in 2005 is invalid. Should I file a suit against ICICI? How do I go about it?

-Guna

Dear Guna,

We're sorry to hear about your experience. We'll contact you and work to address your issue at the earliest.

Regards,
ICICI Customer Service Team.

Unregistered · 12-15-2009, 02:12 PM

I am murali from Faridabad. My credit card was misused by India Today Book Club people and charged Rs.7598/- without my knowledge .I asked them refund the same . they refunded in the month of November. I have no balance with ICICI Bank credit card . This Rs7598/- was extra with them. I requested them to send me the extra amount for that I have send twice the bank statement for their reference . Till they havenot send me back the amount.I request the consumer court to do something for the tension created by ICICI Bank Credit Card department.

Thanking you
murali

Vishalk_sri · 08-11-2010, 02:52 PM

TO, The Customer Care
ICICI CREDIT BANK
Videocon Tower,
Delhi.

Sub: Credit Card Account no. 4477463535444000

Dear Sir,

I would like to inform you that I am holding ICICI Card No. 4477463535444000 and due to a lot of request from the bank showing lot of benefits and rewards, I have used this card for purchasing of goods. But I have been awarded by debiting my account through several advance fee + Late Fee + Finance Charges + Retail + Finance Charges +Cash +Over Due Charges + Over Limit Charges etc. etc., Which Clearly showing the bad intention of your Bank for not utilizing your card again.
I am mentioning here the following Points which are objectionable and need your attention:-

1. That I have already discussed to close my account or settle my account in the month of July’ 2005 but no action has been taken from your side and continuously my account has been debited.

2. That I have already made phones to customer care for the closer and settlement against the aforesaid card but no action has been taken, and at last I have closed using this card from the month of July,2005 which you can verify from your statement of account.

3. That at the time of request for the closure of the card I have already made almost the payment and ready for the balance payment against actual purchasing after getting the settlement letter, but my request always ignored and advised me to pay at least the least payment and given fake assurance of closure of account. But no settlement has been done.

4. That seeing your intension of harassing me, myself bound to stop the payment and make correspondence from your bank.

5. That at last you have cheated me by debiting my ICICI saving bank account without getting my approval which is totally unlawful. This is the height of your bossism against customer. I warn you never again do that type of cheating by debiting my saving account.

6. That after all this, I am again requesting you to please settle the account against this credit card. After all adjustment the actual balance payment against my card is Rs. 15,000/-.

This is very much unfortunate for us that after successful running relationship with you from the last four years is going to end by this drastic way. And you force me to think to go for consumer court.