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Arbitrary deduction by the Credit Card issuing Bank

(Querist) 11 April 2009 This query is : Resolved 
Dear Experts,

I am holding ICICI bank credit card and against my purchase I had made a payment by Internet. This payment did not reflect in my next statement as the intermediary (processing house bungled up with credit card no.).

Due to this i was charged exhorbitant penalty without any fault of mine. I argued with the ICICI bank and asked for reversal. ICICI bank did not help me in any form.

Hence I stopped usig the card and accordingly I mailed them the status.

Their was no reply but a statement charging me penalty for every month of non-payment of old dues (which was not).

Finally since i was holding a savings account with them, they deducted the amount arbitrarily without even prior informing me. I got a letter from them after 5 days of the deduction.

What action can i take against these arbitrary decision?

Where can I approach? i have copy of all the correspondence I have done with them and their reply on it.

Please Help

rgd
Aparna Mane

Shashikant V. Patil (Expert) 11 April 2009
If it is really unjustified and there is a substance in your case, file a complaint in a consumer court without hesitation.
sampat mane (Querist) 11 April 2009
What is the process of filing a case in consumer court?
i am Bhandup, Mumbai and wish to file it asap. please advise the format of filing the case.

Shashikant V. Patil (Expert) 11 April 2009
You can write a complaint on plane paper addressed to District Consumer court and you can make your submission in person also or you can appoint an Advocate, he will draft a complaint for you and he will appear on behalf you and conduct a case for you.
Shyam Ji Srivastava (Expert) 11 April 2009
Dear Aparna Mane,

I am satisfied with answer of the above all of the learned frends. in addition to this i want to add at the time of filing of rth complaint you move an application for INJUNCTION under section 13(1)(c) of the consumer protection act against the bank and don`t spoil your time. I dont know in which state/city u belong if yu want I can provide you complete pleading.

Thanks

Shyam Ji Srivastava
Senior Advocate
Civil Court Kanpur-U.P.
09839028040
sampat mane (Querist) 11 April 2009
Dear Sir,

i am from Bhandup Suburb in Mumbai, Maharashtra and don't know jurisdiction of filing the complaint? Please help me.

Thanks & regards

J. P. Shah (Expert) 11 April 2009
The easiest way is to approach BANKING OMBUDSMAN OF THE STATE by refering to www.rbi.org.in. U can refer step by step procedure for solving banking problems posted in my blog www.jps50.blogspot.com and on this portal also as files [jps50]
J. P. Shah (Expert) 11 April 2009
Pl refer link http://www.lawyersclubindia.com/share_files/files_display.asp?files_id=2013.

There is very detailed circular on credit cards issued by RBI and can be accessed at www.rti.org.in
sanjay singh thakur (Expert) 11 April 2009
Dear Sampat
You have a very good case to be filed before the District Consumer Forum for unfair trade practice as well as deficiency in service on the part of a bank.
Regards.
sampat mane (Querist) 12 April 2009
Dear all,
Thanks for your prudent advise
I have submitted the complaint on rbi. Now i wish to prevent the icici bank from deducting balance amoiunt from my account. please advise how to ?
RAKHI BUDHIRAJA ADVOCATE (Expert) 14 April 2009
U have to file an application for INJUNCTION under section 13(1)(c) of the consumer protection act against the bank. For more details & help u can contact me at:-09871158578/09711364956
Rakhi Budhiraja, Adv,
DELHI HIGH COURT
sampat mane (Querist) 15 April 2009
Thanks for your info. I am in Mumbai.
Can you given me format of application of injuction and also inform where it has to be submitted
A V Vishal (Expert) 30 April 2009
No other views?



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