Tamil Nadu

South Chennai

CC/140/2021

ICOTEC, Communication Networking Divn, Rep. by Mr. Kamal Kumar, Proprietor - Complainant(s)

Versus

ICICI Bank, Rep. by its The Branch Manager - Opp.Party(s)

M/s. Chennai Law Firm

13 Dec 2022

ORDER

                                              Date of Complaint Filed : 09.08.2021

                                              Date of Reservation      : 01.12.2022

                                              Date of Order               : 13.12.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                               : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,               :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA.,        : MEMBER II

 

CONSUMER COMPLAINT No. 140/2021

TUESDAY, THE 13^th DAY OF DECEMBER 2022

ICOTEC, (Communication Networking Division),

(Rep. by Mr. Kamal Kumar, Proprietor),

Ivory Towers,

#2 & 3, Abdul Razack Street,

Saidapet,

Chennai – 600 015.                                                                                                            …Complainant

 

-Vs-

1.ICICI Bank ,Rep. by its,

   The Branch Manager,

   No.1, Secretariat Colony,

   Mahalakshmi Apartments,

   City Link Road,

   Adambakkam,

   Chennai – 600 088.

 

2.The Manager,

   ICICI Bank Credit Card Division,

   11/12, Raghuvanshi Mills Compound,

   Senapati Bapat Marg,

   Lower Parel (W),

   Mumbai – 400 013.                                                                                                    ...  Opposite Parties

 

******

Counsel for the Complainant             : M/s. Chennai Law Firm

Counsel for the Opposite Parties        : Exparte       

On perusal of records and having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.    The Complainant has filed this complaint as against the Opposite Parties under section 35 of the Consumer Protection Act, 2019 and prays to direct the 1^st Opposite Party to reinstate the sum of Rs.50,000/- debited from the account of the Complainant and direct the Opposite Parties to refund the entire interest amount illegally collected on monthly basis and to cancel the unauthorised corporate Credit Card issued to an unknown person and direct them to pay Rs.10,00,000/- as compensation towards the unauthorized issue of Add-on Corporate Credit Card and to pay a sum of Rs.20,000/- towards cost.

2.    The averments of Complainant in brief are as follows:-

The Complainant, M/s ICOTEC is a proprietary concern represented by  Mr.Kamal Kumar doing the Business for his livelihood and the firm is a Current Account Holder with the first opposite party (i.e.) ICICI Bank, Adambakkam Branch and his account number is 218505500302. The Proprietor was issued a Corporate Credit card issued by the Second Opposite Party with number 4902 xxxx xxxx 3004 and the same was being used by him.

        The Complainant's current account was debited by Rs.50,000/- on 03.02.2020 against credit card payment and immediately the Complainant contacted the 1^st Opposite Party and had discussions with Ms. Subha Priya and Mr. Devendran about this unknown debit and to his shock, he was informed that an add on card was issued to his corporate card and the amount of Rs. 50,000/- was debited towards the usage of the above card. The Complainant immediately denied issue of any such card as no authorization was given to issue any such card in his firm's letter head or no such application was submitted by his office, seeking for issue of any such card. The Complainant had been regularly following up for verification of the electronic documents for the alleged issue of card and the same was shown to him, wherein the officers of the 1^st Opposite Party itself accepted that his signatures did not match and the card was issued by submitting fraudulent documents and the above mistake will be rectified. The Complaint learnt that the card was issued to one Mr. Pothi Raj (9789486296) of Srivilliputhur, who is no way connected to the Complainant or his firm.  The Complainant also submitted that the action of the opposite party clearly falls under the category of deficiency of service and unfair trade practices.

        Without prejudice to the above, the Complainant submitted that the Opposite Party (i.e.) the Bank, which should function under the Banking Regulation Act, 1949 and as per the directions of Reserve Bank of India and any Unauthorized Access granted by the bank about the accounts details etc. of the customer should be viewed seriously as they had shared not only the personal data of the Complainant.

        The Complainant had issued a letter on 10.08.2020, which again went unreplied. The Complainant had issued a legal notice to 1^st and 2^nd Opposite parties on 09.04.2021. While the 1^st Opposite Party received the same and preferred not to reply, the notice sent to the 2^nd Opposite Party was returned unserved.

         The Complainant further submitted that he had been made to pay an interest of approximately Rs.2855/- per month from February 2020 to till date which he is being made to pay for the fault of the Opposite Party. The Complainant states that the Opposite Party had violated the banking norms and betrayed the faith reposed on the Opposite Party and had clandestinely allowed issue of a fraudulent Corporate Credit Card to unknown person without any authorization from the Complainant.

         The Complainant further submitted that his privacy has been violated and 1^st Opposite Party (i.e.) ICICI Bank had flouted all the norms of laid down banking practices by allowing unauthorized person to obtain Corporate Credit Card, but also fraudulently allowed to debit his account, without his authorization.

       The Complainant also submitted that he fears that his accounts/Credit card information are no longer safer in the bank of Opposite Party and apprehends that the Opposite Party may not only stop with providing banking access to all and sundry and unauthorized persons and permit them to handle the account. The Complainant submitted that the action of opposite party had created an atmosphere of fear in his mind and vitiated his personal and financial security, which has been compromised by the unprofessional and illegal conduct of the Opposite Party.

         The Complainant submitted that a notice was sent to the Opposite Parties on 31.12.2020, seeking the Corporate Credit Card fraudulently issued be stopped from usage and the return of the fraudulent transaction authorized by them, but the Opposite Party preferred to stay silent and did not respond to the notice, thus sent. Hence the complaint.

3.  The Complainant submitted its Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 to Ex.A-5. The Opposite Parties did not appear before this Commission even sufficient notice was served on them and remained set exparte.

Points for Consideration:-

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

        The contention of the Complainant is that the Complainant is a proprietary concern having current account with the 1^st Opposite Party in Account No.218505500302. It was submitted that the Complainant is given a corporate Credit Card by the 2^nd Opposite Party bearing No.4902 XXXX XXXX 3004 which was used by the Complainant. While so the Complainant’s current account was debited by Rs.50,000/- on 03.02.2020 against credit card payment and when the Complainant contacted the 1^st Opposite Party  he was informed that Add on card was issued and the amount of Rs.50,000/- was debited towards the usage of the above card. It was further submitted that the Complainant came to know that the card was issued to one Mr.Pothiraj of Srivilliputhur who is no way connected to the Complainant or his firm.  From Ex.A-1 it is seen that on 03.02.2020 there was a auto debit towards the credit card ending “0583” for a sum of Rs.50,000/-.  The Complainant had issued notice to the 1^st Opposite Party regarding the unauthorized debit of Rs.50,000/- from the current account of the Complainant and to cancel the card fraudulently issued by the 2^nd Opposite Party and to revert the debit of Rs.50,000/- in to the current account of the Complainant. Further the Complainant had also issued a legal notice to the Opposite Parties seeking a reversion of the debit made by the Opposite Parties in to the Complainant ‘s corporate account and for the compensation. After having received the notice, the Opposite Party did not respond.

The act of the Opposite Party in debiting a sum of Rs.50,000/- on add on card which was not issued to the Complainant and having failed to send any reply to the communications and notice  issued by the Complainant  and having remained exparte in the present complaint the contentions of the Complainant  of unauthorized deductions made by the Opposite Party being unrebutted, we are of the considered view that the Opposite Parties have committed deficiency of service on their part. Accordingly Point No.1 is answered.

Point Nos 2 and 3:-

        As discussed and decided in Point No.1, that the Opposite Parties has committed deficiency in service, the 1^st Opposite Party is liable to repay the amount of Rs.50,000/- debited from the account of the Complainant and to pay a sum of Rs.10,000/- as compensation for the deficiency in service along with litigation cost of Rs.5000/-. The Complainant is not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.

In the result, the complaint is allowed in part. The 1^st Opposite Party is directed to repay the amount of Rs.50,000/- (Rupees Fifty Thousand Only) debited from the account of the Complainant  and the 1^st and 2^nd Opposite Parties are jointly and severally directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) as compensation for the deficiency in service along with litigation cost of Rs.5000/-(Rupees Five Thousand Only) to the Complainant, within 8 weeks from the date receipt of this order, failing which the above amount of Rs.50,000/- shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

          In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of December 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	-	Copy of Bank Statement
Ex.A2	10.08.2020	Copy of complaint sent to the Bank
Ex.A3	09.04.2021	Copy of legal notice with speed post receipt
Ex.A4	-	Copy of acknowledgement card
Ex.A5	-	Copy of legal notice to Mumbai – returned cover

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT