MRS. NEENA SANDHU, MEMBER

1.         This is an appeal filed by the complainant against order dated 12.1.2010 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (for short hereinafter to be referred as District Forum) passing in complaint case No. 1310 of 1999.

2.       Brief facts of the case are that the complainant took a loan of Rs.1 lac from ICICI Bank (OP) and had paid Rs.1,00,760/- through installments. It was submitted by the complainant that with a passage of time, Rs.27,480/- was over due and settlement was arrived at between the complainant and OP bank. As per the settlement, the complainant had to pay Rs.22,000/- to the OP bank as a full and final settlement vide their letter dated 21.1.2008 (Annexure C-1). The complainant made payment of Rs.22,000/- on the same date and obtained receipt for the same, copy of which was annexed as Annexure C-2.  It was averred that inspite of making payment as agreed between the complainant and OP bank, the OP bank got declared as Proclaimed Offender in case filed by OP bank by Judicial Magistrate, Jalandhar. The complainant had approached the bank officials and the bank officials told the complainant to pay Rs.23,000/- as full and final settlement in one installment or else she would be arrested in the case. Therefore, the complainant left with no alternative and with the family prestige at stake, she paid Rs.23,000/- more on the same date i.e. 24.1.2009 and also received receipt for the same. Due to the above said act of the OP bank, the complainant had to pay twice. The OP bank had caused undue harm and damage to the prestige of the complainant and also caused monetary loss to her as the OP bank had already agreed upon full and final payment and also issued receipt for the same. Hence, the complaint was filed.

3        Reply was filed by OP and admitted that the loan of Rs.1 lac was granted to the complainant. It was pleaded that complainant was defaulter in making regular payments of the monthly installments of Rs.458/- each and the complainant just paid 23 installment as against 36 installments. It was admitted by the OP bank that Rs.22,000/- was received by the bank, however, it was stated that the same was received as full and final settlement as alleged by the complainant. It was also stated that the complainant was declared as Proclaimed Offender by the court of Judicial Magistrate, Jalandhar due to non-appearance of the complainant in a case under Section 138 of Negotiable Instrument Act filed by the OP bank against the complainant. It was admitted by the OP bank that the complainant approached it for settlement of account paid the amount. Rest of the allegations leveled by the complainant in the complaint were denied 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 directed the OP to refund the amount of Rs.23,000/- and also issue NOC to the complainant and Rs.1,00,000/- as compensation to the complainant for causing her mental and physical harassment along with Rs.5,000/- as costs of litigation. This order was directed to be complied by the OP bank within 30 days from the receipt of copy of this order, failing which the OP would be liable to pay the same along with penal interest @ 12% p.a. since the filing of the present complaint i.e. 9.9.2009 till the amount is actually paid to the complainant.

6.          Aggrieved by the order passed by the learned District Forum, the present appeal has been filed by the complainant. Sh.Manjit Singh Rana, Advocate has appeared on behalf of appellant and Ms.M.S.Sudha, Advocate has appeared as a proxy for Sh.Sandeep Suri, Advocate for the respondent.

7.       In appeal, it is submitted by the appellant/complainant that the learned District Forum has taken a serious note of the unfair trade practices and professional misconduct on the part of respondent bank but the compensation amount of Rs.1 lac granted by the learned District Forum is grossly inadequate and has resulted in miscarriage of justice to the appellant/complainant. The respondent has indulged in serious malpractices and extortion of money from hapless customers under the grab of settlement schemes. The professional misconduct of the respondent in resiling from its own settlement, accepting money towards full and final settlement and then not adhering to its terms is prima facie evident on record. Gross negligence coupled with malicious attitude in not granting No Dues Certificate and not withdrawing proceedings under Section 138 and getting the appellant declared P.O. speak volumes about the harassment and torture meted out to the appellant at the hands of the respondent. The learned District Forum has made an observation that the respondent bank did not even care to notice that the appellant is a lady. Her being declared P.O. caused grevious mental agony and trauma to the appellant and her family. Thus the amount of compensation of Rs.20 lacs as prayed by the appellant were not excessive vis-à-vis damage caused to the appellant and her family’s reputation by the respondent bank and the trauma and harassment suffered by her besides the monetary loss. The demand of another Rs.23,000/- is nothing short of extortion and the appellant was made to pay through her nose by the respondent. The extortion entails a penal action in our legal system and the respondent bank too deserves to be burdened with exemplary costs to serve as a deterrant in the interest of not only the appellant but general public at large. The facts and circumstances of the appellant’s case and the unrebutted evidence produced by her before the learned District Forum has made it crystal clear that the respondent bank has caused grevious harm to her and her family reputation, caused her great harassment and torture besides monetary loss and she had to rush to Jalandhar and engage a lawyer for obtaining a bail. The amount of compensation granted by the learned District Forum is drastically low as compared to the harassment suffered by the appellant. Hence, it is prayed that appeal may kindly be allowed, impugned order may kindly be amended and the compensation may kindly be enhanced to Rs.20 lacs. 

8.         After the perusal of the record we feel that there is no dispute regarding taking of the loan of a sum of Rs.1 lac by the appellant/complainant from the respondent bank and complainant had paid Rs.1,00,760/- through installments. The amount of Rs.27,480/- was over due and in the meantime settlement was arrived at between the complainant and OP bank that the complainant had to pay Rs.22,000/- to the OP bank as full and final settlement vide letter dated 21.1.2008. On the same date, the complainant had paid Rs.22,000/- to the OP bank but after sometime the OP bank got declared the complainant as Proclaimed Offender in the case filed by OP bank before Judicial Magistrate, Jalandhar. The complainant approached the bank officials and the officials told the complainant to pay Rs.23,000/- as full and final settlement in one installment or else she would be arrested in the case. So, the complainant had paid Rs.23,000/- more on 24.1.2009 and received the receipt. The OP bank harass the complainant and did not issue No Due Certificate. Due to this, complainant had knocked the door of the learned District Forum and learned District Forum allowed the complaint.

9.         In view of the above discussion, we are of the considered view that there is a deficiency in service on the part of OP bank. We do not find any ambiguity in the order passed by the learned District Forum and the compensation of Rs.1 lac granted by the learned District Forum is sufficient to meet the ends of justice. Moreover, it is a settled law that the amount of compensation should not be for the enrichment of the litigant but it should be just and fair. In our view, the compensation granted by the learned District Forum is just and proper. Therefore, we do not find any force in the appeal and the same is hereby dismissed without any order as to costs.

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