CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.1178 OF 2007 Date of filing : 20/09/2007

IN CONSUMER COMPLAINT NO.76/2006 Date of order : 09/03/2009

DISTRICT CONSUMER FORUM, SINDHUDURG

@ MISC. APPLICATION NO.1590/2007 & 1591/2007



ICICI Bank Ltd.

Through Collection Manager

Shri Dharmendra Digambar Thakur

R/o.Paras Plaza, K C Jain nagar

Maruti Mandir, Ratnagiri ………..Appellant/org.O.P.

v/s.

Shri Dattaram Vasantrao Deshmukh

R/o.House 332, Near Railway station

Kudal, Taluka Kudal

District Sindhudurg ………Respondent/org.complainant



Corum: Justice Shri B.B.Vagyani, Hon’ble President

Shri S.R.Khanzode, Hon’ble Judicial Member



Present : Mr.A.S.Vidyarthi-Advocate for the appellant.

None for the Respondent.

O R A L O R D E R



Per Justice Shri B.B.Vagyani, Hon’ble President

Heard Mr.A.S.Vidyarthi-Advocate for the appellant. Notice was given to the respondent under Certificate of posting. None present for the respondent.

There is delay of 13 days in filing the appeal. Therefore application for condonation of delay is filed. Delay is not deliberate or intentional. We are therefore inclined to condone the delay. Delay is condoned. Misc. application no.1590/2007 is allowed.

We examined the correctness of the order in the light of material placed on record. District Consumer Forum issued statusquo order. It appears that in spite of statusquo order, vehicle was sold by the appellant. Forum below therefore directed the present appellant to refund the amount recovered from the respondent with interest @ 15% p.a. The appellant has taken a stand in the written statement that the vehicle was sold before passing of statusquo order. However appellant did not place on record the proof with regard to sale of vehicle. Date of auction is not disclosed by the appellant. Forum below therefore rightly concluded that the vehicle was sold after statusquo order. We therefore confirm the direction of the District Consumer Forum to refund the amount recovered from the respondent.

Ld.Advocate Mr.Vidyarthi has made a serious grievance with regard to quantum of interest awarded by the District Consumer Forum. District Consumer Forum has awarded interest @ 15% p.a. Rate of interest is on the higher side. We are therefore inclined to modify the rate of interest.

District Consumer Forum has awarded Rs.5000/- for mental harassment. We confirm this finding. In the result, we pass following order:-

ORDER

1. Misc.application no.1590/07 for condonation of delay is allowed.

2. Appeal is party allowed.

3. Rate of interest “@ 15% p.a.” in operative clause no.(b) is to be read as “@ 9% p.a.”

4. Rest of the order stands confirmed.

5. Misc. application no.1591/07 for stay stands disposed of.

6. Pronounced and dictated in the open court.

7. Copies of the order be furnished to the parties.





(S.R.Khanzode) (B.B.Vagyani)

Judicial Member President