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shakil ahmed (lawyer)     02 November 2008

Can we get consumer court after receivng part of amount from bank?

Sir ,

I have received a sum of Rs.20 thousand from ICICI Bank Credit Cards against excess debit in my credit card account, on account of illegal debits against insurance premium, against cancelled Health Insurance Policy, after one year of harassment: tireless phone -STD and ISD calls, emails, and finally sending of Legal Notice. I had claimed 2 lakhs by way of compensation for mental physical torture and expenses. I had got my credit card deactivated in panic.

Now Can I file a complaint in consumer court to claim Rs. One lakh for compensation for harassment, mental and physical torture etc.?

 



Learning

 6 Replies

amresh choudhary (M.Sc. (Maths) MBA (LLB)-DELHI UNI)     02 November 2008

Dear Shakil,


You can file a complaint ......it doesnot matter whether u have active credit card or not, that particular credit card belongs to you, so you are free to file to file a complain against the bank for debit amount and sue them,


 


amrish

amresh choudhary (M.Sc. (Maths) MBA (LLB)-DELHI UNI)     02 November 2008

Dear Shakil,


You can file a complaint ......it doesnot matter whether u have active credit card or not, that particular credit card belongs to you, so you are free to file to file a complain against the bank for debit amount and sue them,


 


amrish

Sudeep Biswas (Advocate)     03 November 2008

Ofcourse, you can move to the consumer court as you only got 10% of what you had claimed. The cancellation of the card would have little bearing on the matter other than you not wanting to take a chance with their services again. I would suggest you stick to Rs. 1.80 as compensation.


Sudeep

prof s c pratihar (medical practitioner &legal studies)     11 November 2008

DCF deals with deficiency of service. hope you have accepted the amount without prejudice.you have not mentioned the exact amount deducted as excess.legal notice is a part of your petition so do not deviate.you have other option  where you can go suit for damages in a civil court.pl go through -law on torts by ratanlal.

Nishith P Thakkar (lawyer)     16 November 2008

if you hav e settled the claim of rupees 2 lac by accepting 20000 the admission or consent to adjust the amount may be understood as reducing your claim to 20000. but be sure ,have you sign any such document that reduces your claim of 2 lac and quantifies your harassment at rs 20000?. if the answer is yes,  you may be stoped at the end of trial   /   claim.


npt.

1 Like

shakil ahmed (lawyer)     20 November 2008

Thank you sirs for the answers and suggestions. I am obliged!


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