Andhra Pradesh

Kurnool

CC/150/2008

K. Kishore, S/o.K. Jayanth Babu Rao, - Complainant(s)

Versus

Branch Manager, ICICI Bank Limited, - Opp.Party(s)

Sri.C.V.Ram Prasad

30 Oct 2008

ORDER

Heading1
Heading2
 
Complaint Case No. CC/150/2008
 
1. K. Kishore, S/o.K. Jayanth Babu Rao,
H.No.B/B-257, B.camp, Kurnool-518002
Kurnool
Andhra Pradesh
...........Complainant(s)
Versus
1. Branch Manager, ICICI Bank Limited,
40-384/1, U Con Plaza, Park Road, Kurnool-518001
Kurnool
Andhra Pradesh
2. 2. The Manager, ICICI Bank Limited, ICICI Bank Towers
H.No.41/423, Plot. No.18, Bandra Kurla Complex, Bandra (East), Mumbai-400051.
Mumbai
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Sri.K.V.H. Prasad, B.A., LL.B PRESIDENT
 HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B., MEMBER
 
For the Complainant:
For the Opp. Party:
ORDER

BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri.K.V.H. Prasad, B.A., LL.B President

And

Smt. C.Preethi,  M.A.LL.B., Lady Member

Thursday the 30th day of October,  2008

C.C.No. 150/08

 

Between:

 

K. Kishore ,

S/o.K. Jayanth Babu Rao,

H.No.B/B-257, B.camp,

Kurnool-518002.                                         …  Complainant                                                                                                                                                                   

 

                                 Versus

 

  1. Branch Manager,

ICICI Bank Limited,

40-384/1, U Con Plaza,

Park Road,

Kurnool-518001.

 

  1. The Manager,

ICICI Bank Limited,

ICICI Bank Towers,

H.No.41/423, Plot. No.18,

Bandra Kurla Complex,

Bandra ( East)

Mumai-400051.                                           … Opposite parties                                                                                                                                                                           

 

 

                          This complaint is coming on this day for orders in the presence of Sri. C.V.Ram Prasad  , Advocate for complainant and opposite parties called absent set exparte and upon perusing the material papers on record, the Forum made the following

 

ORDER

(As per Sri. K.V.H.Prasad, President)

C.C.No.150/08

 

1.     This case of the complainant is filed U/S 11 and 12 of C.P.Act,  seeking direction on the opposite parties to return to the  complainant original RC book, original key , unused cheques , clearance certificate, Rs.20,000/- towards mental agony and Rs.2,000/- towards cost of the case alleging  purchase of Hero Honda Splendor  Motor Cycle,  on finance obtained from opposite parties No.1 and 2 , for Rs.37,635/- by the complainant issuing 30 post dated cheques each of Rs.1,468/- towards each installments and inspite of clearance of all said installments and request of the complainant the opposite parties did neither return the original RC book, the other retained key  of the vehicle, clearance certificate  nor taken any steps in this regard and did not respond even to the legal notice dated 22-3-2008 and the said  deficient conduct of the opposite parties ensured mental agony  and driven the complainant to the forum for redressal.

 

2.     In spite of  the service of the notice of this forum as to this case of the complainant the opposite parties did not turn up to the case proceedings for contesting the case and there by their absence remained exparte to the case proceedings.

 

3.     In substantiation of the contentions the complainant side has taken reliance on documentary record in Ex.A1 and A2 besides to his sworn affidavit in reiteration of complaint averments .

 

4.     Hence, the point for consideration is whether the complainant has made out alleged deficiencies of the opposite parties and there by their liability to the complainants claim.

 

5.     The Ex.A1 is the account statement of the complainant with the opposite parties pertaining said loan under agreement No.ESKN 000002949908 covering the period from 15-11-2003 to 15-04-2006. It envisages the total repayment of loan amount and the status of  the loan

as closed . It envisages payment of certain monthly installments vide certain post dated cheques and certain monthly installments in cash. 

 

6.     The Ex.A2 – legal notice dated 22-3-2008 takes mention of all the contentions of the complainant . In spite of its receipt  by the opposite parties ,  as the said notice was not responded by the opposite parties either way , the said contentions of the complainant in Ex.A2 as remaining unrebutted  , not only establishing the bonafidees in the grievances of the complainants but also making out the deficient conduct of the opposite parties in their service in furnishing the complainant the documents which are to be furnished to complainant as to said vehicle on discharge of entire loan amount and the liability of the opposite party to compensate the mental agony occurred to the complainant driving the complainant to the forum for redressal of his grievances .

 

7.     Consequently, the case of the complainant is allowed directing the opposite parties jointly and severally to comply the reliefs sought in Sl.No. 1 of the prayer of the complaint  and also pay Rs.5,000/- as compensation for mental agony and Rs.1,000/- as cost of this case. Time granted to the opposite parties for compliance is one month from the date of receipt of this order. In default the opposite parties jointly and severally shall pay to the complainant the supra stated award with 12% interest from the date of default till realization besides   complying  in true spirit and sense the reliefs sought in Sl.No.1 of the prayer of the complaint.

 

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 30th day of October, 2008.

 

   Sd/-                                                                    Sd/-

MEMBER                                                            PRESIDENT 

APPENDIX OF EVIDENCE

Witnesses Examined

 

 

For the complainant :Nil              For the opposite parties :Nil

 

List of exhibits marked for the complainant:-

 

 

Ex.A1.               Xerox attested statement from 15-11-2003 to 15-04-2006.

 

 

Ex.A2.               Office copy of legal notice dated 22-03-2008 along with

two postal receipts and one acknowledgement.

 

                                

List  of exhibits marked for the opposite parties:   Nil

 

 

 

    Sd/-                                                                      Sd/-

MEMBER                                                            PRESIDENT                        

                                                       

 

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

 

Copy to:-

 

Complainant and Opposite parties

Copy was made ready on             :

Copy was dispatched on               :

 

 
 
[HON'BLE MR. JUSTICE Sri.K.V.H. Prasad, B.A., LL.B]
PRESIDENT
 
[HON'BLE MRS. Smt.C.Preethi, M.A., L.L.B.,]
MEMBER

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