MRS. NEENA SANDHU, MEMBER

1.         This is an appeal filed by the complainant against order dated 1.10.2009 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passed in complaint case No. 605 of 2009.

2.            Briefly stated the facts of the case are that in the month of November, 2005, the representative of the OP (ICICI Bank Ltd.) approached the complainant and advised him to take the personal loan and requested the complainant to hand over the certain papers. According to the false assurance of the representative of the OP, complainant handed over required documents to the OP and loan of Rs.35,000/- was advanced by the OP vide Loan Agreement No. LICHD 00004987413 dated 11.11.2005 to the complainant which was to be repaid in 36 equal installments of Rs.1851/- PM. At the time of advancement of loan, the OP taken blank cheques from the complainant and also taken signature of the complainant on various blank papers. It was submitted by the complainant that as per the terms and conditions of the loan agreement, the complainant regularly paid the loan installments to the OP. On 4.10.2008 the complainant paid the amount of Rs.7100/- to the OP as one time settlement and thereafter OP issued a full and final settlement letter to the complainant on 4.10.2008 itself for which the No Due Certificate was also issued. After the payment of total loan amount and issuing full and final settlement, the complainant was surprised to receive summons from the court of Sh.Rajinder Pal Singh, JMIC, Chandigarh to appear in a case U/s 138 of the Negotiable Instrument Act, 1881 as amended upto date 10.3.2009. After the receipt of the summons, the complainant went to the office of OP at least for 3-4 times and shown the concerned official all the receipts but the concerned official told the complainant to pay Rs.2,000/- for withdrawing the complaint U/s 138. This act of OP amounts to deficiency in service and unfair trade practice. Hence, the complaint was filed.

3.         Reply was filed by the OP and admitted the advancement of loan but denied that any blank cheques were provided by the complainant. It was also denied that the complainant made the payment of all the installments of the loan regularly. It was admitted by the OP regarding the issuance of letter dated 4.10.2008. It was pleaded by the OP that the complainant failed to pay the installments of loan as and when the same fell due and the cheques issued by complainant bounced and the ICICI Bank rightly initiated proceeding against the complainant under Section 138 of Negotiable Instruments Act. All the other allegations leveled by the complainant in the complaint were denied and pleaded that there was no deficiency in service or unfair trade practice on the part of OP and prayed for dismissal of the complaint.

4.         The parties led their evidence in support of their contentions.

5.         The learned District Forum allowed the complaint and gave the opinion that as the entire loan amount has been repaid by the complainant and the OP would withdraw the complaint under Section 138 of Negotiable Instruments Act within 30 days from the date of receipt of copy of the order. If the order not complied by the OP, the OP would pay to the complainant Rs.10,000/- as litigation expenses and Rs.50,000/- as compensation for prosecuting him even after the dispute between the parties was fully and finally settled.

6.            Aggrieved by the order passed by the learned District Forum, the present appeal has been filed by the complainant. Sh.Pardeep Verma, Advocate has appeared on behalf of appellant and Sh.Sandeep Suri, Advocate has appeared on behalf of respondent.

7.         In appeal, the contents of paras No. 1 to 6 have already been written by the appellant/complainant in the complaint, so there is no need to reiterate it again. The appellant has further submitted that although the learned District Forum has allowed the complaint but no compensation for mental and physical harassment and litigation expenses has been given awarded to the appellant. Therefore, the learned District Forum has wrongly passed the impugned order. Hence, it is prayed that the appeal may kindly be allowed and the impugned order passed by the learned District Forum may kindly be set aside/modify.

8.         We have heard the learned counsel for the parties and perused the record.

9.         It is clear from the record that this is a case of full and final settlement with a condition that if the complainant will deposit a sum of Rs.7100/- ; the OP will withdraw the complaint which was filed prior to the settlement, against the complainant U/s 138 of Negotiable Instrument Act. It is also evident that the learned District Forum has allowed the complaint and directed the OP to withdraw the complaint U/s 138 of Negotiable Instrument Act within 30 days from the receipt of the copy of the order. It was further directed that if the order passed by the learned District Forum is not complied with within a prescribed period then the OP would pay to the complainant a sum of Rs.10,000/- as a litigation expenses and Rs.50,000/- as a compensation for prosecuting the complainant even after the settlement. During the course of arguments, it was fairly admitted by the learned counsel for the respondent/OP that the respondent/OP has withdrawn the complaint filed U/s 138 of Negotiable Instrument Act within the stipulated period as directed by the learned District Forum.

10.       In view of the above discussion, we are of the opinion that there is nothing wrong in the order passed by the learned District Forum. Moreover, the respondent/OP has also complied with the order well in time passed by the learned District Forum.  Therefore, we find no reason to award any compensation for mental and physical harassment. The order of the learned District Forum is just, fair and proper and therefore, no interference is called for. There is no force in the appeal and as such it is dismissed without any order as to costs.

11.       Copies of this order be sent to the parties, free of charge.

Pronounced.                                                                             Sd/-

4^th October, 2010.