BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No.144 of 2008.<br /> Instituted On: 10.10.2008.<br /> Date of Service: 14.11.2008.<br /> Decided On: 02.12.2008.<br /> <br /> <br /> Darshan Singh (aged 45 years) son of Dalip Singh, resident of village: Bhaloor, Tehsil: Bagha Purana, Distt.Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. ICICI Bank, Moga through its Branch Manager.<br /> 2. ICICI Bank, 2nd Floor, Empire Complex, 414, Senapati Bapat Marg, Lower Parel (West), Mumbai.<br /> Opposite Parties.<br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla, President.<br /> Smt.Bhupinder Kaur, Member.<br /> <br /> Present: Smt.Gurpreet Kaur, Advocate counsel for the complainant.<br /> OPs exparte.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Sh.Darshan Singh complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against ICICI Bank, Moga through its Branch Manager and another (herein-after referred to as ‘ICICI Bank’) - opposite parties directing them to return the truck bearing registration no.PB29H-5437 and also to pay Rs.1 lac as compensation for loss suffered, causing mental tension and harassment. <br /> 2. Briefly stated, Sh.Darshan Singh complainant had purchased a truck bearing registration no.PB29H-5437 (LPT 2515) after taking loan from the OP1-ICICI Bank bearing loan account no.LVBGP00011631960. That the complainant had purchased the said truck for his livelihood. That after the purchase of the above said truck, the complainant used to return the loan amount alongwith interest in installments as per directions of the OP1-ICICI Bank. That in the month of February, 2008 due to family problems, the complainant could not deposit the loan installment with the OP1-ICICI Bank. In this regard, the complainant duly informed the OP1-ICICI Bank vide registered letter dated 28.4.2008 requesting them to pay the installment alongwith interest as early as possible. That on 4.8.2008 when the complainant was not at home, the employees of the OP1-ICICI Bank forcibly, illegally, arbitrarily and against the law took the possession of the vehicle in question. That the complainant alongwith some residents of the village went to the office of OP1-ICICI Bank and requested to return the vehicle, but they told that they have sold the same. That the aforesaid act and conduct of the OP1-ICICI Bank has caused great inconvenience, harassment and mental agony to him for which he has claimed Rs.1 lac as compensation. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OPs-ICICI Bank. But inspite of service they did not appear, thus vide order of this Forum dated 14.11.2008 they were proceeded against exparte.<br /> 4. In order to prove his case, the complainant tendered in exparte evidence his affidavits Ex.A1 and Ex.A2, copies of notices Ex.A3 to Ex.A5, copies of permit Ex.A6 to Ex.A8,copy of temporary RC Ex.A9, postal receipt Ex.A10 and closed his exparte evidence.<br /> 5. We have heard the arguments of Smt.Gurpreet Kaur ld. counsel for the complainant and have very carefully perused the evidence on the file.<br /> 6. Smt.Gurpreet Kaur ld.counsel for the complainant has mainly argued that the OP1-ICICI Bank has committed deficiency in service and they be directed to pay Rs.1 lac as compensation for loss suffered, causing mental tension and harassment and also to return the truck in question. This contention of the ld.counsel for the complainant has no merit.<br /> 7. At the very outset, the complainant has failed to mention the date of purchase of truck in question and the alleged loan obtained from the OP1-ICICI Bank. Further, no document of loan and receipt, if any, regarding the payment of installment has been mentioned or placed on record. Thus, in the absence of relevant documents, it can not be held that the OPs-ICICI Bank has committed any deficiency in rendering service to the complainant.<br /> 8. Further the complaint as well as sworn affidavits of the complainant Ex.A1 and Ex.A2 itself shows that in the month of February, 2008 due to family problems, the complainant could not deposit the loan installment with the OP1-ICICI Bank and thereby, the complainant himself had committed default in making payment of installments. Thus, it shows that the complainant himself had violated the terms and conditions of the loan cum hypothecation agreement and did not repay the installments as per schedule for the reasons best known to him and in this regard, the complainant can not take the benefit of his own wrongs. Thus, there was no deficiency in service on the part of the OPs-ICICI Bank while taking the possession of the vehicle in question. <br /> 9. The ld. counsel for the complainant did not urge or argue any other point before us.<br /> 10. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has no merit and the same is dismissed. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (J.S.Chawla)<br /> Member President<br /> <br /> Announced in Open Forum.<br /> Dated:02.12.2008.<br /> hrg*<br /> <br /> <br />