NCDRC

NCDRC

RP/1214/2014

ICICI BANK LIMITED & 2 ORS. - Complainant(s)

Versus

SH. RADHESHYAM SHARMA - Opp.Party(s)

MR. MANISH KUMAR SRIVASTAVA

12 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1214 OF 2014
 
(Against the Order dated 27/11/2013 in Appeal No. 306/2013 of the State Commission Rajasthan)
WITH
IA/1286/2014,IA/1287/2014
1. ICICI BANK LIMITED & 2 ORS.
BRANCH MANAGER, AJMER ROAD, MADAN GANJ,KISHAN GARH.
DISTRICT : -AJMER 305801
RAJASTHAN
2. ICICI LOAN FINANCE LTD.,
FIRST FLOOR, INDIA HEIGHTS, INDIA MOTOR CIRLCE, KATCHARI ROAD,
DISTRICT : AJMER - 305801
RAJASTHAN
3. ICICI HOME FINANCE LTD.,
REGISTERED OFFICE, ICICI TOWERS BANDRA KURLA COMPLEX,
MUMBAI - 400051
MAHARASHTRA
...........Petitioner(s)
Versus 
1. SH. RADHESHYAM SHARMA
S/O SH.BANSI LAL SHARMA, R/O 2/5 HOUSING BOARD COLONY, AJMER ROAD,MADAN GANJ KISHANGARH
DISTRICT: AJMER
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Manish Srivastava, Advocate
For the Respondent :SH. RADHESHYAM SHARMA

Dated : 12 Mar 2014
ORDER

 

 

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the petitioner heard.

2.      The wife of Shri Radheshyam Sharma, complainant/respondent had taken loan in the sum of Rs. 2 lakh.  According to the said agreement, the said loan was to be paid within 60 equal monthly installments.  However, the case of the petitioner-ICICI Bank Ltd. contends that the loan was to be paid in 62 installments.  It is surprising to note that the learned counsel for the petitioner has not brought the loan agreement for perusal of this Commission.  There is a mention of loan agreement in the order of the State Commission, which clearly specifically and unequivocally states that the loan was to be paid in 59 installments.

3.      It is rudimentary principle of law that documentary evidence will always get preponderance over the oral evidence because it is well known   axiom   of   law that, “Men  may  tell  lies but the documents

 

-3-

cannot”.  This document is of immense importance which puts the oral submission into the shade.

4.      Consequently, the revision petition is dismissed.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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