Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 07/01/2011 passed in consumer complaint no.301/2009, Baburao Shivappa Sindagi V/s. ICICI Bank Ltd. and another; passed by District Consumer Disputes Redressal Forum, Solapur.
Heard finally, with the consent of both the parties.
Deficiency in service is alleged in respect of taking possession of the vehicle on default committed by the complainant to pay the loan. Fact of default committed by the appellant is also not in dispute. However, forum held that taking possession of the vehicle is arbitrary and, therefore, there is deficiency in service on the part of the bank and, therefore, directed the complainant to pay amount due as per the settlement between him and the bank and take possession of the vehicle and, in addition to that, bank was directed to pay `50,000/- as compensation for the deficiency in service. However, not satisfied with the said order, this appeal is preferred by the original complainant.
It is submitted at Bar that the bank/financial institution has not preferred any appeal against the impugned order and even they complied with the direction to pay compensation of `50,000/-. It is only the complainant, who did not pay the amount as settled and further did not give any response to the Financial institution to take possession of the vehicle. Accordingly, possession of the vehicle still remains with the bank.
It is tried to be submitted on behalf of the appellant that the compensation of `50,000/- awarded is inadequate and, therefore, appeal is filed.
We are not satisfied with the reason given. In fact, much concession is given by the forum while passing the impugned order. Beyond that nothing could be expected by the complainant. Except for saying that `50,000/- compensation is inadequate, he did not adduce any evidence on the basis of which it could be said that compensation awarded is inadequate. Under the circumstances, appeal is devoid of any substance. Hence we pass following order:-
ORDER
Appeal stands dismissed.
However, in the given circumstances, the parties to bear their own costs.
Pronounced on 5th October, 2011.
