ICICI BANK LTD. AND ORS. Vs. SHIPRA SARKAR

JUDGEMENT

(1.) The present revision no. 151 of 2015 has been filed against the judgment dated 15.12.2014 of the West Bengal State Consumer Disputes Redressal Commission, Kolkata ('the State Commission') in First Appeal no. 80 of 2013.

(2.) The facts of the case as per the respondent/ complainant are that the respondent took credit card no. 4902 4710 0010 5001 from petitioner/ Bank (in short 'the Bank') upon payment of all requisite fees and after observing all formalities and after getting credit card the respondent started using the said credit card and paid the due amount according to the bill generated by the Bank. On 03.02.2009 and 08.02.2009 the son of the respondent paid Rs.80,000/- and Rs.70,000/- respectively in cash to one Mr Ajay Sinha claiming himself as one of the collection agents of the Bank against the aforesaid credit card. The said Ajay Sinha, who was the representative of one recovery agency namely 'Unique Marketing', has issued two money receipts being nos. 078581575 and 078583753 to the respondent against the payment made by the respondent. Unfortunately in the next month's statement, which was generated on 17.02.2009, the aforesaid payment was not reflected.

(3.) In spite of making payment of Rs.1,50,000/- as aforesaid by the respondent, the Bank are still claiming Rs.3,82,509.26 from the respondent. On 01.03.2009 the Bank issued a credit card statement in favour of the respondent and illegally, without showing any payment, claimed Rs.3,92,800.32 and not only that in this statement a cheque return of Rs.10,000/- was also reflected against the respondent, which has never issued by the respondent in favour of the Bank.