Legal Question in Consumer Law in India

Credit Card

I bought a Refrigerator on My ICICI credit card.. The retailer swiped the card for 6 month EMI..and I signed the charge slip stating 6 month EMI. Later on receipt of my statement I got a freight that without my knowledge the amount had been converted to a 8 month emi with additional charges. On contacting the bank, the bank informed that the retailer had claimed advance emi and converted the amount to 8 emi. On contacting the retailer the retailer showed me the copy of the charge slip stating that the amount had been swiped for conversion into 6 emi.

After numerous emails with the bank the bank has given in writing thru mail that for the said transaction the retailer has claimed advance emi and converted the sale into 8 emi. I would like to seek your advice as to how can the bank authorise the same when the consumer has not authorised the same. Pls advice.....


Asked on 10/31/08, 12:36 pm

5 Answers from Attorneys
Amit Shukla AS and Associates Legal Services

Re: Credit Card

You can file a complaint against the bank and the retailer before the Distt. Consumer Forum.For more advice contact personally.Professional charges apply.

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Answered on 10/31/08, 10:04 pm
G. M. Gupta gmguptaandassociates

Re: Credit Card

there may be some internal terms and conditions between them. however even then they cannot change conditions for you, without ur knowledge.

give them notice of 15 days time, that you are moving to consumer court against both and show a lot of harassment and expenses to claim damages.

if they dont respond within 15 days then move to consumer court of your area.

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Answered on 11/01/08, 3:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Credit Card

It seems that the retailer has unauthorizedly charged you in connivance with the Bank;

You should assess the prejudice caused to you. If you can afford to make advance payment at this stage, you should settle the matter.

If you would so like, you may proceed to initiate legal action against them either in a civil court or in Consumer Forum. However, the litigation will be expensive and tiring, and should be avoided in small matters like this.

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Answered on 11/01/08, 9:40 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Credit Card

File a complaint with consumer forum

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Answered on 11/07/08, 8:45 am
Nasir Butt Nasir Law Associates

Re: Credit Card

It amounts breach of contract which is not possible with the active collusion of banker. Your remedy may come from Consumer Court and/or Civil Court of competent jurisdiction. Actual position may clear be cleared by sending the legal notice to both retailer and banker. Damages may be claimed if some point is arisen in response of your legal notice.

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Answered on 11/01/08, 11:21 pm


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