BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 5th DAY OF JULY 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 4103/2010
1. | The Regional Office, ICICI Bank Limited, No.4/10, Mytree Centre, Hosur Road, Bommanahalli, Bangalore 560 068, Rep. by its Regional Manager. | ……Appellant/s |
2. | ICICI Bank Limited, RAPG Building, Ground Floor, Deshpande Nagar, Hubli – 29, Rep. by its Branch Manager. (By Sri Jai Patil) | |
V/s
Sri S.B. Naveen Kumar, S/o Sri S.B.H. Boraiah, Aged about 30 years, R/at No.202, 3rd Cross, Kurubarahalli, West of Chord Road, Bengaluru 560 079. (By Sri Raju Bhat) | …Respondent/s |
ORDER
BY SRI RAVISHANKAR, JUDICIAL MEMBER
1. The appellants/Opposite Parties has preferred this appeal being aggrieved by the Order dt.20.07.2010 passed in CC.No.131/2010 on the file of District Consumer Disputes Redressal Commission, Dharwad which directed the appellants to pay an amount of Rs.2 lakhs as compensation along with Rs.10,000/- towards mental agony.
2. The facts leading to the appeal are as hereunder;
The complainant had availed a loan to the tune of Rs.14,19,000/- for purchase of JCB and after availing the loan, he purchased the JCB by paying Rs.18,92,000/-. At the time of availing the loan, the complainant has agreed to pay EMIs regularly without fail, but, the complainant had not regularly repaid the EMIs. For the default, the appellant forced to seize the vehicle and subsequently sold in public auction. Aggrieved by the said, the complainant preferred a complaint alleged deficiency in service before the District Commission and the District Commission without considering the terms and conditions of hypothecation agreement have directed the appellant to pay the compensation of Rs.2 lakhs for not sold the vehicle under due process of law.
3. Aggrieved by the said order, the appellants/ Opposite Parties before this Commission. Heard the arguments of both parties.
4. On going through the memorandum of appeal, certified copy of the Order and the documents before the District Commission, it is an admitted fact that the complainant is in default in payment of the EMIs towards the loan provided by the appellant for purchase of the JCB. Having no other option, the Opposite Parties have seized the vehicle and forced to sell the vehicle for recovery of the outstanding due from the complainant. The complainant during his evidence before the District Commission had admitted that he was unable to pay the installments due to ill health which caused due to accident, but, not explained before the District Commission whether the JCB was working or not during his treatment. The most essential aspect between the loanee and loaner is that the payment of EMI should be regular irrespective of illness of the loanee. The complainant has not shown any interest to recover the vehicle by paying the EMIs. Accordingly, the appellant has sold the vehicle for recovery of the loan. But, the District Commission come to the conclusion that the appellant has not followed the rules and regulations for sale of JCB that cannot be accepted because on going through the documents produced by both the parties, the appellants have issued due notice and also issued the sale notice to the complainant before public auction. The complainant would have paid the loan amount and outstanding due to stop the public auction of the JCB, but, he did not. Instead of that he approached the civil court and obtained injunction which will not serve the purpose. Hence, the defaulter cannot be considered as a sufferer and the District Commission made an error in awarding compensation of Rs.2 lakhs for sale of the JCB without considering the terms and conditions of the hypothecation agreement. As such, the complaint is liable to be dismissed. Hence, the following;
ORDER
The appeal is allowed. Consequently, the complaint is dismissed.
The amount in deposit shall be refunded to the appellant/s under proper acknowledgement.
Forward free copies to both parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
