NCDRC

NCDRC

RP/3169/2007

ICICI BANK - Complainant(s)

Versus

DR. S.R. ANIL KUMAR - Opp.Party(s)

MR. S.N. GUPTA

15 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3169 OF 2007
 
(Against the Order dated 24/07/2008 in Appeal No. 2147/2005 of the State Commission Karnataka)
1. ICICI BANK
KALIDASA ROAD,
MYSORE,
KARNATAKA
...........Petitioner(s)
Versus 
1. DR. S.R. ANIL KUMAR
S/O T.A.S. RAJAN, NO.86, 8TH CROSS, SARASWATHIPURAM
MYSORE - 570 009
KARNATAKA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :
Mr.Shanth Kr. V. Mahale and Mr.Harish
S.R., Advocates

Dated : 15 Nov 2011
ORDER

        By the impugned order, the State Commission has allowed the appeal in part and directed the petitioner to pay a compensation of Rs.50,000/- to the respondent.

        The revision petition came up for hearing on 27.11.2007.  The Bench admitting the revision petition upheld the finding recorded by the State Commission regarding deficiency in service by observing thus :

“In view of the contradictions in the documents filed and the statement of the petitioner’s own witness, it is very clear that there was deficiency in service on the part of the petitioner in sending the FAX message.  If it was alleged that it was sent at 10:15 and not even the telephone record could be shown to send the FAX, it could only mean that the time was allowed to pass between 10:15 till 11:37;17 seconds.  To this extent, there was a deficiency in service on the part of the petitioner.”

 

        Revision petition was admitted only on the question of quantum of compensation.  Since the petitioner had already deposited Rs.50,000/- before the State Commission, operation of the impugned order was stayed subject to payment of Rs.25,000/- out of the sum of Rs.50,000/- deposited by the petitioner before the State Commission, to the respondent on his furnishing security other than Bank Guarantee. 

Counsel for the respondent states that the sum of Rs.25,000/- has already been received by the respondent.  In our considered view, the compensation of Rs.50,000/- awarded by the State Commission to the respondent is on the higher side.  The same is reduced to Rs.25,000/- which has already been paid to the respondent. 

Subject to this modification, Revision petition is partly allowed and stands disposed of in above terms.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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