ICICI BANK LIMITED Vs. BALWANT SINGH KANWAR

JUDGEMENT

(1.) Appellant has preferred this appeal, under Section 15 of the Consumer Protection Act, 1986, against the order dated 10.12.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against it by respondent, Balwant Singh Kanwar, has been allowed and a direction given to it (the appellant), to make available the documents, i.e. sale invoice etc. to the respondent, to enable him to get the vehicle registered, within a period of one month, failing which, to refund the price of the vehicle and also to pay Rs.5,000/ -, on account of compensation and a sum of Rs.1,000/ -, as litigation expenses.

(2.) Admitted facts are that appellant had advanced loan to one Shri Mohammad Shafiq to purchase a motorbike (TVS Star City). The said Mohammad Shafiq defaulted in payment of loan instalments and the motorbike was, therefore, repossessed by the appellant, in accordance with the terms and conditions of the sale purchase agreement. Thereafter, sale of the motorcycle was sought to be made, through e -auction.

(3.) Respondent applied to purchase the motorbike. His offer was accepted and the vehicle was sold to him for a sum of Rs.14,000/ -. Respondent paid the price on 13.10.2008. No objection certificate was issued in his favour. When the respondent sought to get the motorbike registered in his name and made an application to the concerned Registering & Licensing Authority, objection was raised by the said Authority that documents were not complete. Respondent approached the appellant to supply all the documents, requisite for registration of motorbike. Appellant did not supply the documents with the result that vehicle (the motorbike) remained unregistered. Respondent then filed a complaint, under Section 12 of the Consumer Protection Act, 1986, on 20.03.2010, seeking a direction to the appellant to supply the documents, necessary for registration of motorbike, or to refund the price and also to pay compensation and litigation expenses.