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ICICI Bank seized car, now punished with fine

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Express News Service

Posted: Feb 27, 2009 at 0045 hrs IST

Chandigarh The District Consumer Forum today directed ICICI Bank to pay up Rs 1.5 lakh as compensation for the forcible possession of a car. The bank has also been directed to pay Rs 5,000 as costs of litigation.

Sunita Verma, a resident of Manimajra, had moved a complaint before the forum seeking directions to ICICI Bank to return the vehicle or pay the entire cost price she paid for the car.

Verma had purchased a Maruti Marina car after taking a loan of Rs 3,40,000 from the bank. The said amount was to be paid in 48 equated monthly instalments (EMIs) of Rs 9,635 each, commencing from June 2006.

Verma claimed that in April, 2007, the bank’s recovery agents came to her house and forcibly took away the car after she failed to pay one instalment. She claimed the bank did not serve any notice regarding the repossession of the car.

The ICICI Bank contended that as Verma did not have sufficient resources to return the loan, she surrendered the vehicle.

President of the forum, Lakshman Sharma, observed that the complainant paid the first 10 instalments but failed to pay the eleventh instalment in time.

“There was no occasion for the complainant to surrender the car. There is nothing on record to prove that the complainant had surrendered the car.”

The forum maintained, “The action of forcible repossession of the vehicle in question and selling the same without any notice to the complainant is illegal and amounts to deficiency in service and unfair trade practices.”

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amit by Amit Trivedi on 18 Oct 2010

Its good decision from court

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