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. 151/08
Between:
S.K.Mahaboob,
S/o. S.K. Abdul Gafoor,
H.No.8-24/104-A,
Ganigalli Street,
Kurnool. … Complainant
Versus
1. Branch Manager,
ICICI Bank Limited,
40-384/1, U Con Plaza,
Park Road,
Kurnool-518001.
2. The Manager,
ICICI Bank Limited,
ICICI Bank Towers,
H.No.41/423, Plot. No.48,
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.151/08
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 crux – Yemaha Motor Cycle, on finance obtained from opposite parties No.1 and 2 , for Rs.36,332/- by the complainant issuing nine post dated cheques each of Rs.4,236/- 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.LTKN 000003812892 covering the period from 7-6-2005 to 7-2-2006 . 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 21-3-2008 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 07-06-2005 to 07-02-2006.
Ex.A2. Office copy of legal notice dated 21-03 -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 :
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