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A Sharma (None)     12 September 2013

Icici bank credit card, no action by bank on complaint

I owned a credit card which was valid till 09/2012. In 05/2012 I made a payment to Country Club Vacations for Rs 90,000 on 13/05/2012 using the card. However, Country Club Vacations refused to provide me with a proper invoice for my payment after taking my signature on the credit card charge slip.

On the same day I went to a nearby police station and launched a police complaint against the representatives of Country Club Vacations. I also opened a dispute case with ICICI Bank Credit Cards within 2 hours of the transaction.

The issue was under investigation and I was told that a resolution will be reached within 60 days. I then got a reply from the bank that the dispute had been resolved in the bank's favour and I had to pay them the due amount. The dispute was however resolved on 14/12/3013, which was outside the dispute resolution time frame given by the bank.


I have not received any communication from the bank asking me to pay for the dues until recently when I started getting calls and visits to my home.

Country Club or the bank has not been able to provide me with an invoice stating the reason for which I was charged Rs 90,000 although they have faxed me a copy  of the credit card charge slip. I have been informed by the bank that they are not responsible for what goes on between the merchant and the consumer and if I have any problems with the merchant I should take them up with the merchant.


Even though a dispute was filed within 2 hours of the transaction, no action was taken by ICICI Bank for verifying the purchase at the merchant.

 

I have till date not received any invoice which states the purchase against which the charge was made on my debit card. ICICI voluntarily converted my payments to EMI without any written consent from me and when I refused to pay them, they have started harrasing me.


I am solvent and have no need for any loans on the foreseeable future. I also have a complaint registered with the consumer forum but I have not followed up on it. I also have a copy of my application to ICICI bank (stamped by Branch Manager) and a copy of the police complaint against Country Club.

I have had no further communication from Country Club Vacations regarding the refund of the payment. Nor I have received any communication,  invoices or services from them.

What should I do if the bank sends me with a legal notice? If I do not accept the notice, can a judgement be issued in my absence?

 

If there are any lawyers in Pune who can represent me in this regard, please let me know and I will get in touch with you.

 

Thanks



Learning

 2 Replies

Kumar Doab (FIN)     12 September 2013

You have posted that:

Country Club Vacations refused to provide me with a proper invoice for my payment after taking my signature on the credit card charge slip.’

The merchant should have issued a bill and acknowledgments of payment vide CC.

The bank has kept itself safe.

The bank as per its policy must have reported the delinquency to credit bureaus including but not limited to M/s CIBIL……………………………………

Bank is under obligation to supply you the notice before reporting the default and delinquency…………………..

Bank is also under obligation to supply you the credit report of CIBIL against  a nominal payment of Rs.50/----

Bank is under obligation to inform by effective modes of communication the names, address, phone number of the recovery/collection agencies to which it has sent your name and the agent of the agency has to come only after getting appointment from you.

It has of course collected 2.5% from the club on the amount of transaction and might have added the interest and penalties for non payment.

“I also have a complaint registered with the consumer forum but I have not followed up on it.

Peruse the complaint and if you are not able to attend in person entrust the matter to your lawyer whom you trust.

Your lawyer that has seen all of your docs and communications can advice you the best.

If your lawyer opines you may escalate to:

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

THE DETAILED DUTIES OF DNBS CAN BE SEEN AT:

( DNBS:  Dept. of Non banking Services)

https://www.rbi.org.in/scripttts/AboutUsDisplay.aspx?pg=Depts.htm#DNBS

 

YOU MAY ALSO LODGE A COMPLAINT WITH:

. D Subbarao
Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

 There are many threads on harassment by CC recovery agencies e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UjGZpdKAqWM

 

You may find these useful.

T. Kalaiselvan, Advocate (Advocate)     12 September 2013

Mr. Sharma,

Mr. Kumar has narrated the procedure to initiate action in a very elaborate manner, I think you should immediately follow up with the consumer forum, this forum do not need you to be accompanied you may think  by a lawyer, you can conduct and contest your case yourself in the consumer forum without any assistance for any lawyer.  Try this.


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