Chandigarh

DF-I

CC/546/2022

Nitin Vij - Complainant(s)

Versus

Sandeep Bakshi, Managing Director, ICICI Bank - Opp.Party(s)

Virat Amarnath

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/546/2022
Date of Institution	:	26/05/2022
Date of Decision	:	17/11/2023

 

Nitin Vij S/o Late Sh.Ravinder Vij, R/o H.No.162, Sector 21-A, Chandigarh-160022.

… Complainant

V E R S U S

1. Sandeep Bakshi, Managing Director, ICICI Bank, Industrial Area, Phase I, Chandigarh.
2. Sameer Talwar, Area Head, ICICI Bank, Industrial Area, Phase I, Chandigarh.
3. Deepak Ahuja, Assistant to Sameer Talwar, ICICI Bank, Industrial Area, Phase I, Chandigarh.
4. Ashish Gupta, LAP Department, ICICI Bank, Industrial Area, Phase I, Chandigarh.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Virat Amarnath, Advocate for Complainant.
	:	Sh.Kartik, Advocate proxy for Sh.Sandeep Suri, Advocate for OPs.

 

Per Surjeet kaur, Member

1.      Averments are that the complainant was having one OD Limit with RBL Bank of Rs.23,50,000/-, which was overtaken by the OPs in the year 2019 by converting the same into LAP by taking the documents of house of the complainant. Apart from the above LAP, the OPs also granted an additional OD Limit of Rs.52,00,000/- to the complainant @ 9.80 interest with account No.370505000190. However, due to outbreak of the Covid-19 pandemic in the month of March 2020, the business of the complainant suffered great loss and the complainant was unable to make the payment of the monthly installment of loan. For recovering the above outstanding amount, the OPs further granted an ECI loan of Rs.9,28,000/- to support existing EMIs and loan payment in account No.370555000012. In the March 2022 the complainant requested the OP-Bank to settle the dues in his OD Limit Account and dues in the BLECL Facility granted in account (Annexure C-1 & C-2). The complainant made the outstanding payment of both the above accounts respectively i.e., OD Limit Account and BLECL Facility granted in account and accordingly no due certificate dated 13.04.2022 in respect of OD Limit Account were issued by the OPs to the complainant (Annexure C-3 & C-4).

         The complainant also requested the OPs to settle his dues pertaining to the OD Limit of Rs.23,50,000/-, with account No.LPCHD00004845125. The request of the complainant was accepted by the OPs and they agreed to settle the dues @ Rs.21,61,529/- (Annexure C-5). The complainant made payment of the above due amount in ICICI Bank on 11.04.2022 and 12.04.2022 (Annexure C-6). Despite the payment of the entire outstanding amount of the above account on 12.04.2022, the OPs neither issued No Due Certificate to the complainant in respect of above OD Limit nor released the documents of his only house. The complainant sent a legal notice to the OPs dated 13.05.2022 (Annexure C-7).

2.       OPs contested the consumer complaint, filed their written reply and stated that the complainant later on withdrew Rs.3.50 lacs from his overdraft settled account which was pending for adjustable of waiver. Various calls and visits were made to the complainant to pay the outstanding amount of Rs.3.50 lacs but the complainant was not made available. Due to withdrawal of Rs.3.50 lacs, the ICICI bank blocked the No Objection Certificate (NOC) and property documents. It is further stated that later on 6.6.2022 the complainant re-deposited the amount of Rs.3.50 lacs and settled the loan accounts and on 22.06.2022, the no-dues certificate and the property documents were released to the complainant. On these lines, the case is sought to be defended by the OPs.

3.      No rejoinder filed by the complainant.

4.       Parties led evidence by way of affidavits and documents.

5.       We have heard the learned counsel for the parties and gone through the record of the case.

6.       Perusal of the file indicates that vide zimni order dated 08.11.2023 alongwith separate statement of counsel for complainant has stated that OPs have already issued the NOC and returned the documents to the complainant. It has been further stated that the OPs have received an amount of Rs.3,00,000/- during pendency of the complaint, despite giving the NOC to the complainant, which was paid by the complainant to the OP bank under protest in the police station and prayed that the complaint be considered for compensation and the aforesaid amount paid by the complainant despite having the NOC.

7.      Through the present complaint, the complainant has prayed for release of his property documents alongwith the issuance of No Due Certificate. Admittedly as per order dated 08.11.2023 both these documents have been duly received by the complainant. Hence, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs. 

8.      Pending miscellaneous application, if any, also stands disposed of.

9.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
17/11/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member
			Sd/-
			[Suresh Kumar Sardana]
			Member