Chandigarh

DF-I

CC/970/2019

Anil Garg - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

Sanjeev Garg

10 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Anil Garg D/o Sh.Jai Bhagwan Garg, claim Commission, Haryana. Old PWD (B&R) Deptt. Building, Sector 19-B, Chandigarh.

… Complainant

V E R S U S

1. ICICI Bank, Credit Card, SCO No.180-182, Sector 9-D, Chandigarh through its Branch Manager.

     2^nd Address

     ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara, (Gujrat)-390007 through its Manager.

2. Paytm One 97, Communications Ltd., B-121, Sector 5, Noida, (UP)-201301 through its Manager.
3. Indusind Bank, SCO No.321, Sector 9, Panchkula through its Branch Manager.
4. Notice issued to the OP No.1 to 3 only. No notice was issued against OP No.4 whose name and address has not been disclosed.

… Opposite Parties

Per Suresh Kumar Sardana, Member

1.      Averments are that vide statement for 8/2019, ICICI Bank had sent email to the complainant for the payment of Rs.36,936/- which was due upto 02.09.2019. Thereafter, complainant on receipt on the credit card statement paid the amount of Rs.36,936/- through paytm on 30.08.2019 at 7.26 AM through net banking from account of the complainant with Indusind Bank, Sector-9, Panchkula (Annexure C-2) vide statement of account showing transfer of the amount from the account of the complainant with Indusind Bank, (Annexure C-3). The Representative of OP No.1, rang up the complainant to intimate that payment of Rs.36,936/- due against ICICI Credit Card was not received. The representative of OP No.1 insisted the complainant to send the proof of payment made against the said credit card of the complainant. The complainant accordingly, sent email dated 09.09.2019 to the
2.     OP No.1 contested the consumer complaint, filed its written statement and stated that neither Paytm and Indusind Bank are realted to the ICICI bank for making payment of the card. However, ICICI bank officials confirmed to the complainant that the payment has not been received by the bank in the credit card account of the complainant. Thereafter the complainant made the payment to ICICI bank, ICICI bank sent an email to the complainant that they had not received the earlier payment. Due to non-receipt of this payment, customer is levied with late payment and interest charges. Later customer had made the payment on September 13,2020. Subsequently bank also reversed the charges in the customer’s credit card on September 2, 2020. There is no deficiency nor any fault of the bank as the amount was credited into the credit card of some other account of other person Mr.Sushil Kumar as per instructions received. However, the OP has taken all steps to ensure that no loss is caused to the complainant and after discussing with the other account holder it got the amount transferred into the account of the complainant. On these lines, the case is sought to be defended by OP No.1.
3.     OP No.2 contested the consumer complaint, filed its written statement and stated that the privity of this transaction is in between the complainant and OP No.1 and OP No.2 has no role to play whatsoever in the said transaction and on this sole ground the present complaint is not maintainable. It is further submitted that OP No.2 mentioned here that there are various stages before the amount is debited from his/her account before crediting to a third party’s account and therefore, the complainant ought to have cross checked the account details, name etc. twice before giving go ahead to the above transactions. The credit card number and other details were all provided only by the complainant himself and amount was transferred to whatever details given by the complainant, this OP No.2 being a platform provider has credited the money to the OP No.1 as per instruction of the complainant. Therefore, this OP No.2 cannot be held liable for the non-crediting of amount to the complainant credit card. Denying all other allegations made in the complaint a prayer for dismissal of the complaint has been made.
4.     OP No.3 contested the consumer complaint, filed its written statement and stated that the complainant visited the branch of the OP No.3 and it is further denied that any amount was transferred by the OP No.3 on 30.09.2019. However, it is reiterated that as per the instructions of the complainant a sum of Rs.36,936/- was transferred on 30.09.2019 from the bank account of complainant with OP No.3 to the Paytm account of complainant. The complainant has placed on record computer generated receipt of the transaction in question. From the bare perusal of the averments raised by the complainant in his complaint, it is evidently clear that the complainant is alleging fault/deficiency on the part of OP No.1 & 2, therefore, the present complaint being frivolous and vexatious in nature qua the OP No.3. deserves to be dismissed with exemplary costs.
5.      Rejoinder was filed and averments made in the consumer complaint were reiterated.
6.     Parties led evidence by way of affidavits and documents.
7.     We have heard the learned counsel for the parties and gone through the record of the case.
8.     On perusal of the complaint, it is observed that the main grievance of the complainant is that an amount of Rs.36,936/- deposited by him through OP No.2, was not credited in the credit card of the complainant issued by OP No.1, inspite of having sufficient balance.
9.     On perusal of Annexure C-2 & C-3, it is observed that an amount of Rs.36,936/- was debited from the account of the complainant on 30.08.2019 and was not deposited in the credit card of the complainant held by him issued by the OP No.1, rather it was credited in some other credit card.
10.     We have gone through Annexure C-2, where the credit card number shown, is different than that of the complainant. This has been annexed by the complainant himself. We can draw safely a conclusion that the complainant was immediately aware on 30.08.2019 itself that the amount was credited in wrong credit card and not inhis credit card account number. From Annexure C-4, it is observed that it is only on 09.09.2019 that the complainant took the action for taking necessary correction, when the issue was brought to his notice by OP No.1. Hence, it is the complainant himself, who fed the wrong details of credit card number.
11.     Subsequent to that it is observed that OP No.1 not only took action to correct the mistake of the complainant, rather waived off all the charged levied on him.
12.     In view of the above discussion, we do not find any deficiency in service or unfair trade practice on the part of the OPs. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.