SWADHIN KUMAR JENA (LEGAL OFFICER) 12 February 2010

Credit Card

Hi, i had a credit card they from ICICI Bank Ltd, but they charged me wrongly and then said they will rectify the same but the rectification also has not been don after 3moth, then i have stop the payment, then they come for settlement and i have issued a PDC to them but after few days i got a Notice from them U/s 138NIA, when i asked them how can you encase the PDC before the date, but nobody was there to answer me, and i have maid the made the payment through DD and taken the acknowledgement, since that day they are calling me and harassing me, even i have file a Caveat against the bank also, but now i am finding that my name is CIBIL and no other bank is ready to give me a loan, i'm planning to purchase a House,

can expert help me, what shall i do,

Your help is appreciated

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6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 February 2010

You should settle the issue with the bank and stop all litigation otherwise pending litigation no bank can be forced to advance you loan and no court can help you in this matter.

SWADHIN KUMAR JENA (LEGAL OFFICER) 12 February 2010

Sir, i think your answer is acceptable till some extend, but, i have not done anything wrong, why should i pay for it,

Even i was ready to settle the matter but they are charging me a lot and again they are harassing me ,

i can go thorough the hnbl.court and filling a complaint against them, who is harassing me,

I can do this or not?

i think court can give me the right judgement. i have no idea about the court procedure, but i think it will give a light to my case and i'll be in the position to negotiate/settle the issue,

please correct me if i'm wrong

Anil Agrawal (Retired) 12 February 2010

May I venture to offer an advice?

Credit card is useful.

BUT get rid of it to be more useful.

SURESHKUMAR.S (ADVOCATE) 14 February 2010

Your issue seems coming under the purview of 'deficiency in service'. Try the following;

1) Issue a legal notice ,pointing their deficiencies in rendering services and claim some reasonable damages for the wrongs caused by the Bank , and instruct them to comply within 7 days. If not, prefer a consumer complaint against them. In my opinion, that is the way to bring them for a closure of the issue and through them , sort your grievance with regard to removal of your name in the list.

2)In the same notice, instruct them to restrict their illegal activities forthwith and demanding in person through goondas and other rowdy elements are illegal and so many decisions, suggesting police to take action, if a complaint is duly preferred against them, At most, even you can prefer a complaint u/s 156 (3) Crpc, in case your complaint before police does not warrant any action.