VBEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SHIMLA, H.P.
Consumer Complaint No: 99/2008
Date of presentation: 28.03.2008
Date of decision: 25.11.2009
Shri Tirath Raj Garg
S/O late Shri Jagdish Chand,
Amin Chand House, Lal Bag,
Upper Kaithu, Shimla-171003.
… Complainant.
Versus
1. The Manager,
I.C.I.C.I. Bank Limited,
A Banking Companies Act, 1956 and having
Banking Licence under the Banking Regulation Act,
Having its registered office at Land Mark, Race Course,
Circle, Vadodara-390007.
2. The Manager,
I.C.I.C.I. Bank, Credit Cards
Office at The Mall, Shimla.
…Opposite Parties
For the complainant: Mr. Dheeraj Bansal, Advocate.
For the Opposite Parties: Exparte.
O R D E R:
Per, Dr. Karuna Machhan, Member:- The complainant, Shri Tirath Raj Garg, has filed this complaint, by invoking the provisions of Section 12 of the Consumer Protection Act, 1986. It is alleged that, the complainant, is, holder of credit card No.4477460590554004, of which the OPs without his consent started deducting a sum of Rs.460/- on account of insurance cover, hence, the matter was brought to the notice of the OPs, vide letter dated 29.10.2005, but of no avail. Thereafter, again, the complainant made a request to the OPs, to refund the amount of deducted from his credit card on account of insurance cover, but the request so made by him, fell on deaf ears. Hence, feeling dissatisfied and aggrieved by the act of the OPs, the complainant avers that there is apparent deficiency in service on the part of the OPs, and, accordingly, the relief to the extent, as detailed in the relief clause, be awarded in favour of the complainant.
2. Notice of this complaint was issued to the OPs, by way of registered AD, but the OPs, despite valid service through RAD, neither put in appearance before this Forum, nor filed any reply to the complaint, hence, was ordered to be proceeded against exparte, vide zimni order dated 05.05.2009.
3. Thereafter, the complainant led evidence in the shape of affidavit/document, in support of his claim.
4. We have heard the learned counsel for the complainant and have thoroughly scanned the entire record of the case.
5. The complainant in support of his claim, as asserted in the complaint, has placed on record the copies of credit card statement Annexures C-1 to C-6, in order to prove the fact of deducting a sum of Rs.460/- towards insurance cover. Annexure C-7, is, the copy of request letter made to the OPs, not to deduct the amount of insurance from his credit card. In addition to this, the complainant has also filed his own affidavit, in support of the complaint. Since, the allegations, as made in the complaint by the complainant, hence, have remained un-repulsed and un-benumbed, on record by non-adduction of rebuttal evidence on behalf of the OPs, as such, the only inference which sprouts, from, the above, is, that the allegations as asserted in the complaint, are, true and correct. Hence, has to be accorded sanctity. Therefore, for lack of rebut to the aforesaid, it has to be conclusively held that the OPs, have wrongly and illegally deducted a sum of Rs.460/- from the credit card of the complainant, without his prior consent, which not only amounts to deficiency in service, but, is, also, an, unfair trade practice on the part of the OPs.
6. As a sequel of the above, we allow this complaint and direct the OPs, to refund the entire amount, deducted from credit card No.4477460590554004, towards insurance cover, along with interest at the rate of 9% per annum, with effect from the date of filing of the complaint, which happens to be filed on, 28.03.2008, till actual payment is, made. In addition to this, as, the OPs, have illegally and arbitrarily deducted the amount of insurance cover, from the credit card of the complainant, and subjected him to harassment and humiliation, as such, the OPs, are, also saddled with damages of Rs.2500/-, besides litigation cost of Rs.1,000/-, to be paid to the complainant, by the OPs, within a period of forty five days, after the date of receipt of copy of this order. The learned counsel for the complainant has undertaken to collect the certified copy of this order from the office, whereas, a certified copy of this order shall be sent to the OPs through UPC, for compliance. The file after due completion, be consigned to record room.
Announced on this, the 25th day of November, 2009.
(Sureshwar Thakur)
President.
NMehta) (Karuna Machhan) (Charanjit Singh)
Member Member.
Tags: I.C.I.C.I. Bank