BRANCH MANAGER, ICICI BANK LTD Vs. MAJED KHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by Learned District Forum, Purba Medinipur in CC No.121 of 2007 allowing the complaint and directing the OP to refund Rs.26,396/ - towards the amount already paid by Complainant in four instalments. The OP was directed to pay Rs.2 lakh towards compensation for forceful possession and selling the vehicle in question. It was directed that in case of failure to pay the amount within 45 days from the date of communication of the order, the OP will have to pay interest @ 9% p.a. over the total awarded amount till realisation.

(2.) THE case of the Respondent/Complainant, in short, is that he purchased a pick up van taking loan of Rs.1,96,000/ - from the OP Bank. There was default in payment of instalment. But on 21/07/07 the OP engaged some persons who forcibly took possession of the vehicle from the driver. The Complainant contacted the OP for the release of the vehicle but they did not pay any heed. For the said reason, the complaint was filed before the Learned District Forum claiming compensation of Rs.1,50,000/ - with interest.

(3.) THE OP filed W.V. contending, inter alia, that the Complainant defaulted in payment of instalments and, as such, the OP was entitled to repossess the vehicle.