Thursday, March 27, 2008

Consumer Forum directs ICICI Bank to return re-possessed card and pay fine

The West Delhi District Consumer Forum passed the orders to the ICICI bank to pay Rs 50,000 compensation to a customer and return his Indica car forcibly repossessed by its employees in violation of Supreme Court's guidelines.

While giving the decision on the petition filed by Ajmer Singh, the West Delhi District Consumer Forum president J P Sharma said "The conduct of the Bank in taking forcible possession of car without intervention of the civil court was illegal in view of what has been observed by the Supreme Court and the National Consumer Commission"

The Forum held the Bank guilty of deficiency in service for illegal taking away his car while it was parked outside his residence on July 29 2006, awarded a compensation of Rs 50,000 to be given to Ajmer Singh, a resident of Tilak Nagar.

"We direct the Bank to return Singh's car on payment of EMIs due till date," he said.

"The Bank shall have to pay a compensation of Rs 50,000, including cost, to the complainant for the harassment caused to him," the Forum, also comprising S M Mazumdar and Krishna Gupta, said.

Singh had taken a loan of Rs 1.50 lakh from ICICI Bank to buy a car and deposited post-dated cheques for its repayment, had filed a petition against the Bank to the Forum seeking compensation over for the illegal repossession of his vehicle.

He blamed the Bank for violating the Supreme Court's guidelines by repossessing his financed vehicle, without giving him a notice.

Singh further alleged that the Bank refused to release his Indica car even on the payment of the due amount.

The Bank opposing Singh's contention, referred to the terms and conditions of the loan agreement which empowered it to repossess of the car, after due notice, on default.

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