THIS IS THE CASE OF THE YEAR 2008 PENDING BEFORE THIS FORUM.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/179/2008
No. DF/ Central/ Date
Sh. Ajay Kumar
S/o Sh. Shiv Charan Prajapati
R/o B-97, Yadav Nagar,
Near Sushila Devi School,
Samay Pur, Delhi-110042 ......COMPLAINANT
Versus
ICICI Bank Ltd.
Videocon Tower,
2nd Floor, Block-E-1,
Jhandewalan Extn.,
New Delhi-110055
Through its Manager …..OPPOSITE PARTY
Quorum: Ms. Rekha Rani, President
Ms. Manju Bala Sharma, Member
Mr. R.S. Nagar, Member
ORDER
Ms. Rekha Rani, President
Sh. Ajay Kumar has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 as amended up to date pleading therein that he applied for loan of Rs. 36,000/- from ICICI (in short OP) vide loan Agr. No. LIDE00008125639 in the month of October 2006 against which the complainant had to deposit installments of Rs. 2,126/- per month for 24 months for which complainant gave six post dated cheques to the OP and also submitted ECS form. He deposited first installment of Rs. 2,126/- on 05.11.2006 in cash. He paid second and third installment by way of DD which was collected by an employee of the OP from complainant’s residence.
The complainant received notices dated 12.12.2006, 13.01.2017 and 13.03.2007 from the OP for payment. Although he had requested OP to withdraw the installment amount from his savings bank account by way of ECS the same was not done. On 15.06.2007 agents of OP visited complainant at his residence and they abused him in very filthy language and started beating the complainant due to which the complainant fell down on the street on which neighbors of the complainant intervened. The complainant sustained injuries “in his back and even his backbone Disc was slipped from its place due to the beatings given by the agents of OP”. Other employees of OP also reached there who apologized on account of which the complainant did not inform the police.
The injuries sustained by the complainant turned so grievous that he could not continue with his job and treatment was received by the complainant from various hospitals. Thereafter OP never sent any notice or letter or any agent for collection of installments. Complainant had suffered the following loss on account of:
- Loss of earning Rs. 72,000/-
- Expenses incurred in treatment Rs. 40,000/-
- Physical and Mental Agony Rs. 70,000/-
Total Rs. 1,82,000/-
2. Notice was sent issued to OP who contested the claim vide its reply. It is denied that there is any deficiency in service or unfair trade practice. It is stated that complainant never made payment of installment on time. It is submitted that he has concealed a material fact that even first installment was not made on time and when the cheque which was sent for collection was dishonored and as a settlement complainant paid the due amount in cash. Cheques for the second and third installments are also stated to have bounced forcing the complainant to pay through DD. It is further stated that there was no deficiency in issuing notices as the payment was made through the instrument No. EMR0176284 on 06.03.2007 and the same was returned dishonored for insufficient funds on the same day and it was only after issuance of the notice on 05.04.2008 the complainant made payment vide instrument no. EAPR0531761. It is denied that that any incident of abusing or beating by bank officials as alleged by the complainant occurred.
Complainant filed rejoinder reiterating his submissions made in his complaint.
We have heard Sh. Vinay Tomer, advocate for complainant and Sh. Tushar Sharma, counsel for OP along with Ms. Akriti Mishra, Legal Manager of OP (ICICI Bank, Lodhi Road Branch). Parties filed their evidence by way of affidavits.
It is not in dispute that a personal loan of Rs. 36,000/- was approved by OP on 13.10.2006 which complainant was to repay in 24 monthly installments of Rs.2,126/- each starting from 05.11.2006.
Case of the complainant is that he had written to the OP bank to debit the monthly installment of Rs. 2,126/- from his account through ECS but the OP instead of doing so sent him unnecessary notices dated 12.12.2006, 13.01.2007 and 13.03.2007 for payment of monthly installments.
Case of the OP on the other hand is that complainant never paid the installment on time and even first installment was made after the due date and the cheque that was sent for collection bounced and as a settlement, complainant paid in cash. It is further stated that there was no deficiency in service in sending notices as payment made through instrument no. EMR0176284 on 06.03.2007 and through instrument no. EAPR0531761on 05.04.2007 was not made for insufficient funds. It is submitted that since cheques for the second and third installments had been dishonored, the complainant was forced to make payment in favour of OP by DD. Learned counsel for OPs submitted that subsequently all the transactions were carried out through ECS.
Complainant has not denied that the first installment was paid by him in cash and the second and third installment was paid through DD. Complainant has failed to explain as to how much financial loss he incurred on account of alleged failure of the OPs to collect monthly installments through ECS. He has further not clarified as to how subsequent installments (after first 3 installments) were cleared by him whether the same were paid by cash or DD or by way of ECS.
It is further the case of the complainant that on 15.06.2007 agents of OP visited him at his residence. They abused him in filthy language. They had beaten him due to which he fell down on the street. His neighbors intervened. He sustained serious injuries due to the beatings given by the agents of OP. Other employees of OP also reached there who apologized on account of which the complainant did not inform the police. It is his case that after some time injuries turned so grievous that he could not continue with his job.
Incident of 15.06.2007 when complainant was allegedly abused and beaten is denied by the OP.
If complainant was seriously injured on account of the beatings allegedly given by agents of the OP he should have complained to the police. He did not do so. The reason for not informing the police about the said incident as given by the complainant is that since some employees of the OP reached the site of incident and apologized for the mistake committed by the agents of OP he did not inform the police. If he was satisfied with the alleged apology of the employees of the OP at the time of incident, how can he claim any compensation now on account of injuries allegedly suffered or alleged loss of job through the instant complaint.
The proper remedy against being abused or beaten by agents of the OP was to inform the police at the relevant time for proper investigation of the matter. Claim for compensation on account of physical agony or medical expenses or loss of earnings allegedly suffered on account of beating by the OPs agents is not maintainable before this forum under Consumer Protection Act. Abusing or beating is a criminal offence and is not deficiency in service.
It is settled law that what is not pleaded cannot be proved. Complainant has nowhere in the complaint mentioned as to how much financial loss he incurred due to alleged failure of the OP in collecting monthly installments from his saving bank account. No details are stated. His claim of Rs. 1,82,000/- arise out of incident on 15.06.2007 of alleged beating by agents of OP. He has claimed Rs. 72,000/- for loss of earnings, having been incapacitated due to serious injuries sustained, to continue his job, Rs. 40,000/- as expenses incurred on his treatment of the injuries and Rs. 70,000/- for physical and mental agony caused thereby. This claim is not tenable before Consumer Forum as the same arises out of Commission of a Criminal offence for which remedy lies elsewhere.
It may be mentioned that as per an affidavit dated 08.10.2018 filed by OP entire file pertaining to this loan account has got “misplaced” which certainly amounts to deficiency in service as OP was duty bound to keep the loan documents in safe custody.
OP needs to be penalized for having lost the said file for no reason. OP is accordingly directed to pay an amount of Rs. 25,000/- to the complainant for deficiency in service for failure to maintain the said case file. No other amount on account of loss of earning or medical treatment or physical/mental agony is payable to the complainant in view of the facts discussed above. The above said amount shall be paid within 30 days from the date of order failing which 7% interest per annum shall be payable from the date of order till the date of payment. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on Day of 2019.
