The petitioner in this consumer complaint has prayed for return of the damper (vehicle) bearing registration no.WB 51-4512 under banking sanction no. OLAN number LOCAL 00002499978 dt.31.8.04 by the o.p. ICICI Bank and other reliefs alleging deficiency in service in the following back drop.
The petitioners bought the above vehicle with the financial assistance of o.p. on May 04. The cost of the vehicle is Rs.1465200/-.
The petitioners paid Rs.10000/- to o.p. no.1 on 25.5.04 as booking money. The petitioner also made down payment Rs.429200/- to o.p. no.1 who actually financed to the petitioners for buying the vehicle was Rs.1026000/-.
The repayment schedule for such financial assistance was for 35 months @ Rs.33676/- per month. There was an agreement between the petitioners and o.p. bank. Said EMI was effected on and from 1.10.04.
The petitioner started payment of EMI towards liquidation of the loan amount.
Due to market depreciation the petitioners were not getting orders to use such dumper vehicle properly which caused serious financial crunch of the petitioners. The petitioners intimated their problems to the o.p. no.1 and requested the o.p. no.1 on 6.1.06 to increase the loan repayment amortization schedule from 35 months to 48 months.
The o.p. did not pay heed to such request. They directed the petitioners pay instalment amount.
It is submitted by the petitioners that from 1.10.04 to February 06 17 instalments were payable by the petitioners. They paid 14 instalments i.e. Rs.472112/- against loan of Rs.1026000/-. They persuaded the o.p. by making representations and through Asstt. Director, Consumer Affairs and Fair Business Practice for extension of instalment so that they could repay the loan amount. But o.p. did not extent any co-operation on the other hand they demanded payment instalment as per agreement. On 22.2.06 o.p. no.3 along with some other persons came at the site of Rajarhat where dumper was at the site tok away it from the custody of the petitioners and forcefully got signed a document by petitioner no.1 which was nothing but a surrender letter.
The petitioner made arrangement to pay two instalments through M/s. S.R.C. renowned transporter but o.p. did not respond.
It was further submitted that due instalments were only for two months i.e. January and February 206.
The petitioner approached o.p. on 5.3.06 with sum of Rs.68000/- for repayment of his dues and to release his dumper but o.p. demanded EMI for January, February and March 06 as a condition of release of dumper but o.p. threatened to sale the dumper by auction.
The petitioners were not in a position to pay EMI upto March 06. The o.p. turned deaf ear to hear the request of the petitioners. They terminated the agreement vide letter dt.28.2.06.
The petitioners demanded justice on 9.5.06 through their advocate. The o.p. did not reply.
Thereafter petitioners took recourse on 7.4.06 of CA and FBP. On 18.5.06 ld. Advocates for the petitioners and o.ps. appeared. They took time upto 29.5.06. But on that date none appears for o.ps.. Thereby Asstt. Director advised to file complaint before the forum and accordingly petitioners filed the complaint on 12.6.06 for redressal.
The notices of the consumer complaint had been duly served upon the o.ps. but they did not turn up to contest the consumer complaint. As such, it is taken up for ex parte hearing.
It is undisputed that o.ps. had terminated the agreement with reference to sanctioned LAN no.LOCAL 00002499978 dt.31.8.04. The o.p. advanced loan amount Rs.1026000/-. Said loan amount was scheduled to be paid by 35 monthly instalments @ Rs.33676/-. The EMI started from 1.10.04. The petitioners paid 14 instalments i.e. Rs.472112/- upto November 05. The petitioners approached o.ps. to pay further two instalments but they denied to accept unless petitioners pay instalment upto march 06. In the mean time o.ps. seized the dumper and took it away in their custody without due course of law. The petitioner attempted to release the dumper by paying two instalments. The o.ps. did not co-operate nor they release the dumper which was only source of income of the petitioners.
It is submitted by the petitioners that they are ready and willing to repay the entire loan amount if they are given some easy instalments. It is appearing that unilaterally terminated the agreement of which no copy was furnished to the petitioners. Moreover they took away the dumper without any order from the court of law. Petitioners had paid substantial amount of other due amount. Before seizer of he dumper they requested the o.ps. to extend their cooperation so that they could repay the loan amount. In all cases o.ps. did not pay heed. On the other hand they unilaterally proceeded for recovery of the loan. The very conduct of the o.ps. is amounted to deficiency in service. The contentions / allegations of petitioners are unchallenged. There is materials on record contrary to the statement of the petitioners.
When petitioners are willing and agreeable to pay the balance loan amount it will not be unfair or unjust to grant relief this consumer complaint. Accordingly, the consumer complaint succeeds and it is awarded in the following terms.
The petitioners are directed to pay the due instalments upto may 06 within three months from date and they are also directed to carry on balance payment instalments monthly from January 08 till liquidation of the loan, failing which o.ps. are at liberty to proceed according to law against the petitioners. The o.ps. are directed to return the dumper within three months from date, if the aforesaid amount are paid within due time failing which they are liable to pay damages @ Rs.50/- per day.
Let copy of this order be supplied to the parties free of cost.
