DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 15^th day of December 2008.

Present : Smt. H. Seena, President

Smt. Preetha.G. Nair, Member

Smt Banumathi.A.K, Member

C.C.No.17/2008

C. Hassan

S/o. Hyder

Harafa Manzil

Thrikkalur

Mannarkkad

Palakkad . - Complainant

(Advocate Jayaraj Manikkath)

V/s

1. ICICI Bank Ltd

Udaya Towers

West Fort Road

Near Rappadi Auditorium

Palakkad.

Rep by its Branch Manager

2. ICICI Bank Ltd

Thrissur. - Opposite party

Rep by its Branch Manager

(Advocate M. Ramesh)

O R D E R

By Smt. H. Seena, President

Case of the complainant is as follows:

1. On 28/10/2004 complainant had availed a loan of Rs.2,00,000/- from the Opposite parties by way of hire purchase agreement. Towards the discharge of said liability, he had issued post dated cheques. The Opposite parties had received the amount due to the loan as per the cheques. After repayment when the Complainant approached the Opposite parties for release of Hire purchase endorsement, it was informed by the Opposite parties that a post dated cheque bearing No.289499 of State Bank of Travancore, Mannarkkad was dishonoured for want of sufficient funds and unless the said amount is deposited, the Hire purchase endorsement cannot be released. There after the Complainant approached the State Bank of Travancore and

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   got information that the said cheque was duly honoured on 25/10/2005. Complainant conveyed the said information to the Opposite parties. The Opposite parties insisted for payment of the amount and assured that the same will be refunded at a later stage. As per the assurance, the Complainant paid the amount on 01/08/2007. Complainant demanded the said sum by way of lawyer notice for which the Opposite parties neither replied nor repayed the amount. According to the complainant the act of the Opposite parties amounts to unfair trade practice and clear deficiency of service on their part.

    

2. Notice was served on the Opposite parties. Even though Opposite parties entered appearance, no version or affidavit was filed.

    

3. Complainant filed proof affidavit. Exhibit A1 to A4 marked. Exhibit A2 clearly shows that the said cheque was duly honoured on 25/10/2005. Exhibit A3, payment receipt reveals the fact that complainant has paid the said amount on 01/08/2007. Exhibit A4 shows the earnest efforts made by the Complainant for redressing his grievance. No contra evidence adduced on the side of the Opposite parties. The act of the Opposite parties in not repaying the amount and causing delay in releasing Hire purchase endorsement amounts to deficiency of service.

    

4. In the result, we allow the complaint and order opposite parties to pay complainant an amount of Rs.9,210/- with 12% interest from 01/08/2007 to the date of order and an amount of Rs.5,000/- as compensation and Rs.1,000/- as cost of proceedings. Order to be complied within one month from the date of communication of order, failing which the whole amount shall carry an interest at the rate of 9% per annum from the date of order till realization.

Pronounced in the open court on this the 15^th day of December 2008.

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President (SD)

Member (SD)

Member (SD)

APPENDIX

Exhibits marked on the side of the complainant

1. Ext A1 – Account Statement

2. Ext. A2 – Account statement

3. Ext. A3 – Payment receipt

4. Ext. A4 series - Copy of Lawyer notice with postal receipt.

Exhibits marked on the side of the Opposite parties

Nil

Costs

Allowed

Forwarded/By Order

Senior Superintendent