State Consumer Disputes Redressal Commission
Icici Bank Ltd. vs Sanjeev Kumar on 3 May, 2007
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA. Rev. Petition No. 06/2007. Date of Decision 03.05.2007. _________________________________________________________________________________________________________________________ ICICI Bank Ltd. SCO 151-152, Sector-9, Chandigarh and also at Hotel Moon International Shimla and at Solan. . Petitioner. Versus Sanjeev Kumar S/o Krishan Lal R/o Main Bazar Kunihar, Distt. Solan, H.P.. . Respondent. ____________________________________________________________________________________________________________ Honble Mr. Justice Arun Kumar Goel, President. Honble Mr. Narinder Singh Thakur, Member. Honble Mrs. Saroj Sharma, Member. Whether Approved for reporting? No. For the Petitioner. S/Sh. Sandeep Suri and Vijay Verma, Advocates. For the Respondent. Mr. Digvijay Singh, Advocate. . O R D E R:
Justice Arun Kumar Goel (Retd.) President, (Oral) We have heard learned counsel for the parties. Mr. Singh on instructions received from the respondent who is present in the court stated, that his client is ready and willing to deposit an additional sum of Rs. 3,000/- over and above what has already been deposited/paid in terms of the order passed during the course of proceedings of Complaint No. 319/2006. It was further stated by Mr. Singh that, since vehicle was taken over on 17.10.2006, therefore, his client is not liable to pay either the instalment or other charges etc. from that date onwards till the vehicle is returned to him and liability of his client will only be there when the vehicle becomes roadworthy. This position was seriously contested on behalf of the petitioner as according to its learned counsel in terms of the loan agreement subject to which the vehicle was financed, despite number of defaults in repayment of instalments and also receipt of notices, respondent failed to square up the account. This forced the petitioner to take over the vehicle in question. Number of other pleas have also been urged on behalf of the petitioner. One such plea is that, if at all court for the present is not inclined to set aside the order dated 22.11.2006 and subsequent orders passed, then at least additional security may be ordered to be furnished by the respondent, so that in case he commits defaults in future petitioners interest is adequately protected. This prayer keeping in view the background in this case appears to be reasonable and has also not been objected to by the respondent. As such it is allowed.
____________________________________________________________________________________________________________ Whether Reporters of Local Papers may be allowed to see the Order? Yes.
2. Accordingly, it is ordered that on deposit of Rs. 3,000/- on or before 7.5.2007 with the District Forum below the date already fixed there, and simultaneously on furnishing of third party solvent security by the respondent to the satisfaction of the District Forum below, the vehicle in question shall be released by the petitioner to the respondent. Petitioner shall withdraw the amount deposited with District Forum by the respondent.
3. It has been assured by Mr. Singh again on instructions from his client that instalment falling due for the month of June, 2007 and for subsequent months will be regularly paid/deposited by his client. In case of failure to do the needful, petitioner will be entitled to deal with the vehicle in terms of the loan agreement subject to which it was financed. Revision petition is disposed of in these terms.
4. No other point is urged.
Before parting with this case we clarify that we have not expressed any opinion on the merits of the case as well as on the pleas raised by the parties in their respective pleadings including serious contention raised on behalf of the petitioner regarding maintainability of the complaint itself. District Forum below shall without being in any manner influenced by anything said in this order shall dispose of this case independently on the basis of material that may be produced before it. Matter stands finally disposed of, leaving the parties to bear their own costs.
Office will make available a copy of this order to the parties free of costs as per rules.
Shimla.
3rd May, 2007. (Justice Arun Kumar Goel) Retd.
President.
(Narinder Singh Thakur), Member.
(Saroj Sharma), Karan* Member.