KUSUM AGGARWAL Vs. ICICI BANK LTD

JUDGEMENT

(1.) THESE revision petitions arise out of the orders passed by the learned District Forum in Complaint No. 183/2009 dated 14.3.2012 - Smt. Kusum Aggarwal Vs. ICICI Bank Ltd.; hence, are decided by common order.

(2.) REVISION Petition No. 3332 of 2012 has been filed by the petitioner against the order dated 23.5.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission ') in Appeal No. 497 of 2012 - Smt. Kusum Aggarwal Vs. ICICI Bank Ltd. by which, appeal filed by the complainant for enhancement of compensation was dismissed in limine.

(3.) BRIEF facts of the case are that complainant purchased Truck No. HR -39A/3207 on 19.5.2004 after getting it financed from OP/ICICI Bank. Repayment was to be made in monthly instalments of Rs.22,000/ -. Complainant paid 8 instalments. Due to some dispute with respect to the financed amount, OP wanted to take custody of the truck for which the complainant filed civil suit in which the OP was restrained from taking the custody of the truck. Inspite of that, OP took custody of truck on 21.9.2005. Criminal case was registered against the officials of the opposite party and complainant obtained truck on Superdargi on 18.11.2006. Again, OP snatched the truck from the driver of the complainant on 29.11.2006 and truck remained in illegal custody of OP upto 27.2.2009 and complainant was deprived of earning of Rs.40,000/ - per month. On directions of the High Court, surveyor was appointed who inspected the vehicle on 6.9.2008 and assessed loss of Rs.6,45,150/ -. Complainant alleging deficiency on the part of OP, filed complaint before District Forum. OP contested the complaint and submitted that vehicle was taken into possession of OP, as complainant was defaulter in payment of instalments of loan and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to pay Rs.3,70,720/ - on account of damages and further allowed Rs.50,000/ - as cost of litigation and interest.