NCDRC

NCDRC

RP/2665/2011

ICICI BANK LTD. - Complainant(s)

Versus

RAMESH CHAND SHARMA & ORS. - Opp.Party(s)

MR. MANISH KUMAR SRIVASTAVA

24 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2665 OF 2011
 
(Against the Order dated 08/07/2011 in Appeal No. 1304/2011 of the State Commission Rajasthan)
1. ICICI BANK LTD.
...........Petitioner(s)
Versus 
1. RAMESH CHAND SHARMA & ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Manish Kumar Srivastava,
Advocate with Mr.Mani Prasad,
Manager (Legal)
For the Respondent :
For Respondents 1,2 : In person

Dated : 24 Aug 2012
ORDER

Petitioner was the opp.party before the District Forum.

        District Forum allowed the complaint ex parte against the petitioner and gave the following three directions :

“(i) As per the loan agreement dated 07.12.2003, the Complainant had to repay Rs.1,69,060/- in 120 EMIs out of which an amount of Rs.72,840/- has to be reduced as it has already been paid by the Complainant and the Complainant has the option of paying the remaining outstanding amount in monthly instalments or at one go for which the bank can obtain separate cheques from the Complainant.

 

(ii)     An amount of Rs.5000/- as compensation towards mental and physical agony and Rs.2,000/- towards legal expense.

 

(iii) 60 cheques submitted by the Complainant towards repayment of loan be returned to the Complainant.”

 

        Counsel for the petitioner had stated before us that the sum of Rs.7,000/- i.e., Rs.5,000/- towards mental, physical and economical loss and Rs.2,000/- towards costs have already been paid to the respondent; that petitioner has complied with Direction No.1 as well; that future instalments have been fixed for every month; that option has been given to the respondent to pay the rest of the amount in lump sum; that the petitioner did not receive that 60 signed blank cheques as alleged by the respondent and is, therefore, not in a position to return the same; that the petitioner undertakes to indemnify the respondent if any loss is caused due to the alleged 60 blank cheques.  

Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission to decide it afresh in accordance with law.

        Respondent, who is appearing in person, stated before us that the respondent is prepared to pay the entire amount due against him to the petitioner in lump sum subject to the bank returning the original title deeds deposited by him by way of security. 

Counsel for the petitioner and the respondent, who is appearing in person, have filed a Joint Memo of Settlement arrived at between the parties.  The same is taken on record.  They pray that the revision petition be disposed of in terms of the settlement arrived at between the parties.  As per this Joint Memo of Settlement, the respondent is required to pay a sum of Rs.1,30,000/- to the petitioner on or before 15.9.2012.  Within a week from the date of receipt of the amount, petitioner shall return the original title deeds to the respondent.  The petitioner shall also give an indemnity bond to the respondent to indemnify him in case any loss is caused to the respondent due to the alleged 60 blank cheques given by the respondent.  Respondent undertakes to inform his bank not to encash the 60 blank cheques which have been allegedly lost by the petitioner.

Revision petition stands disposed of in terms of the settlement arrived at between the parties.

On payment of Rs.1,30,000/- by the respondent to the petitioner and return of the original documents by the petitioner to the respondent along with indemnity bond, all litigation pertaining to the present cause of action shall come to an end.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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