DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 1290 of 2009 Date of Inst:07.09.2009 Date of Decision:18.08.2010 Vijay son of Late Sh.Mangat Ram r/o H.No.717/28, Sector 26, Bapu Dham Colony, Chandigarh. ---Complainant V E R S U S 1. ICICI Bank Ltd., through M.D. & CEO ICICI Bank, 9th Floor, South Towers, ICICI Towers, Bandra Kurla Complex, Bandra (E), Mumbai. 2. ICICI Bank Ltd., through Regional Manager, SCO No.180-181, 3rd Floor, Sector 9-D, Madhya Marg, Chandigarh-160017. ---Opposite Parties QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER SMT.MADHU MUTNEJA MEMBER PRESENT: None for the complainant Sh.Sandeep Suri, Adv. for OPs. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Vijay has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to pay:- i) Rs.24,000/- on account of loss of income. ii) Rs.5,000/- on account of loss of perks and privileges. iii) Rs.55,000/- on account of harassment, mental agony and social stigma. iv) Rs.50,000/- on account of mental ailment suffered by his mother and medical expenses. v) Rs.11,000/- as costs of litigation. 2. In brief, the case of the complainant is that he applied for a personal loan of Rs.50,000/- from OPs for the marriage of his sister which was to be solemnized on 10.12.2007. The complainant was issued a cheque of Rs.47,250/- on 15.04.2006. The said loan was to be repaid in 36 monthly installments of Rs.2644/- each. According to the complainant, he paid Rs.48,744/- by way of installments till 05.10.2007. Subsequently, the complainant decided to pay the loan in one go. So the complainant approached OP-Bank. A settlement was arrived at between the parties. As per the settlement, OP agreed to accept a sum of Rs.20,000/- in full and final settlement of the loan. The complainant paid the said amount in cash against receipt No.0930256 dated 30.06.2008. Thereafter, OPs issued a clearance certificate (Annexure C-1) to the complainant. It has further been pleaded that after some time, OPs filed a petition (Annexure C-3) demanding Rs.26,440/- along with interest etc before the Civil Judge (Senior Division)-cum-Lok Adalat, Chandigarh. The complainant appeared in the said case through his counsel and produced the clearance certificate issued by OPs. Ultimately the officials of the OP-Bank made a statement for withdrawal of the petition. The copy of the order dated 08.08.2009 passed by the Lok Adalat, Chandigarh is Annexure C-3. Due to the above said acts of omission and commission on the part of OPs, the complainant and his family members had to suffer mental agony, harassment and huge financial loss. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. In the reply filed by the OP, it has been admitted that the complainant availed loan of Rs.50,000/- and was issued a cheque of Rs.47,250/- on 15.04.2006. It has further been admitted that the loan was to be repaid in 36 monthly installments of Rs.2644/- each. It has been pleaded that the one time settlement document dated 30.06.2008 relied by the complainant is a forged and fabricated one as the name of the bank is not mentioned on the letter head. It has been denied that the same was issued by any authorized signatory of the bank. It has further been pleaded that as the amount of Rs.20000/- was deposited on the intervention of the Court and therefore, the complainant was given benefit of doubt and OPs have accepted the said amount in full and final settlement of the loan account. In these circumstances, according to OPs, there is no deficiency in service or unfair trade practice on their part and the complaint deserves dismissal 4. As none is present on behalf of the complainant, therefore we proceed to dispose of the complaint on merits under Rule 4(8) of the Chandigarh Consumer Protection Rules, 19878 read with Section 13(2) of the Consumer Protection Act, 1986 even in the absence of the complainant. We have heard the learned counsel for the OPs and perused the record very carefully.
5. Annexure C-1 is the copy of the settlement/compromise dated 30.06.2008 whereby a sum of Rs.20000/- was received by the OP-Bank in full and final settlement of the entire loan. From the copy of order dated 08.08.2009 (Annexure C-3) passed by the Presiding Officer, Pre-Lok Adalat, Chandigarh and the copy of the statement 08.08.2009 made by the official of the OP-Bank, it is apparent that the petition was filed in the year 2009 i.e. much after the date of settlement of the above loan account. The filing of the said petition after settlement of the loan account itself amounts to deficiency in service as well as unfair trade practice on the part of OP. The complainant has certainly suffered mental agony and harassment due to filing of the petition. The mere fact that later on the petition was withdrawn is of no consequence as the loan had already been settled and nothing was outstanding against the complainant. So there is a clear deficiency in service on the part of OP-Bank. 6. In view of the above findings, this complaint is allowed with a direction to OPs to pay a sum of Rs.20,000/- to the complainant as compensation for mental agony and harassment besides Rs.5000/- as costs of litigation. 7. This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which the OPs shall be liable to refund Rs.20,000/- to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e. 07.09.2009 till its realization besides costs of litigation of Rs.5000/-. 8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 18.08.2010 Sd/- (LAKSHMAN SHARMA) PRESIDENT Cm sd/- (ASHOK RAJ BHANDARI) MEMBER Sd/- (MADHU MUTNEJA) MEMBER
C.C.No.1290 of 2009 PRESENT: None. --- Arguments heard on 05.08.2010. The case was reserved for orders. As per separate detailed order of even date, this complaint is allowed. After compliance file be consigned. Announced. 18.08.2010 Member President Member
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | MRS. MADHU MUTNEJA, MEMBER | | 
