DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Surjit Singh s/o Sh.Prem Singh, R/o Village Chandpur (Balawalpur), Tehsil & District Ropar, having second address at opposite Post Office near Community Center, Sector 47-D, Chandigarh, through its authorized representative Sh.Prem Singh.

… Complainant/Decree Holder

Vs.

1.       ICICI Bank Ltd., through its Branch Manager at SCO 12, Sector 20-D, Chandigarh through its Branch Officer.

2.       Ms.Bhalla, Manager of ICICI Bank Ltd., through its Branch Office SCO-12, Sector 20-D, Chandigarh through its branch manager.  

... Opposite Parties/Judgment Debtors

BEFORE:  SH. RAJAN DEWAN                       PRESIDENT

SH. JASWINDER SINGH SIDHU   MEMBER

Argued By:        Sh.Prem Singh, Authorized Representative of Complainant.

Sh.Sandeep Suri, Counsel for Opposite Party No.1 (OP No.1).

PER JASWINDER SINGH SIDHU, MEMBER

1.                This order will dispose of this execution application filed on behalf of complainant under Section 27 of the Consumer Protection Act, 1986, for non-compliance of the order dated 14.12.2010 passed by this Forum in Consumer Complaint No.1239 of 2008, vide which the Opposite Parties, jointly and severally, were directed as under;

1. “To pay a sum of Rs.1,48,505/- to the Complainant, which the OPs duly and earnestly owe to the Complainant, on account of not only forcibly and illegally repossessing the vehicle from the Driver of the Complainant, but also selling the same in an extremely hush hush and secret manner, without ever informing the Complainant at any stage and finally, re-appropriating the entire sale proceeds for their own use.

(ii)            To pay compensation of Rs.20,000/- to the Complainants for causing physical harassment, mental agony and pain to the Complainant.

(iii)              To pay a sum of Rs.8,000/- as litigation costs.

The aforesaid order be complied with by the OPs, within a period of 45 days from the receipt of its certified copy, failing which they shall, jointly and severally, pay the amount awarded as at (i) & (ii) in the foregoings i.e. Rs.1,68,505/-, along with interest @18% per annum from the date of repossession of the vehicle i.e. 26.12.2007, till realization, besides paying the costs of litigation as Rs.8,000/- to the Complainant.”

2.                The complainant while preferring the present execution application has disclosed that he had received an amount of Rs.1,76,505/- vide cheque No.515411, dated 15.03.2011, which was received at his end on 16.03.2011. The authorized representative of complainant claims that the Opposite Parties failed to comply with the order of this Forum dated 14.12.2010 within the stipulated period of 45 days from the receipt of its certified copy and because of this the complainant was entitled to interest @18% p.a. from the date of repossession of the vehicle i.e. 26.12.2007.

3.                The Opposite Party No.1 on being served had come present and defended itself claiming that the award of this Forum dated 14.12.2010 has been complied with by it and in order to fortify its claim has placed on record copy of the letter dated 04.02.2011 alongwith the receipt of registered letter of even date through which the cheque of Rs.1,76,505/- bearing No.834344 dated 04.02.2011 was dispatched at the address of the complainant.

4.                The complainant was afforded sufficient opportunities to prove the receipt of amount of Rs.1,76,505/- at his end on 16.03.2011 as claimed by him, but he failed to place on record any document from which we could ascertain the number of the cheque as 515411 dated 15.03.2011 was received by him on 16.03.2011. In the absence of any documentary evidence from the side of the complainant, we are left with no other alternative but to believe the version of the Opposite Party No.1 and as the cheque dated 04.02.2011 was dispatched through Registered Letter needs to be believed having been dispatched within the stipulated period of 45 days for the reason that the photocopy of certified copy of the order of this Forum dated 14.12.2010, placed on record by the complainant, himself clearly shows that the copy of the order dated 14.12.2010 was prepared on 28.12.2010 by the office of this Forum and was dispatched on the same date to be delivered by hand. Therefore, it is confirmed from this document that the certified copy of the order of this Forum which was prepared on 28.12.2010 and hand delivered to the parties were received at their end and the cheque through which the Opposite Party No.1 made the payment dated 04.02.2011 duly dispatched through registered post was certainly within the stipulated period of 45 days as ordered by this Forum. Hence, the present execution application of the complainant deserves dismissal. The same is dismissed, with no order as to costs.  

5.                Certified copy of this order be communicated to the parties free of cost.  After compliance file be consigned. 

Announced

29^th August, 2014                                          

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

 (JASWINDER SINGH SIDHU)                                                                                   MEMBER

“as”