Bank in trouble

Rahul Chhabra / TNN / Mar 23, 2007, 02:02 IST

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An East Delhi resident has moved the SC seeking compensation for use of goons by ICICI Bank.

NEW DELHI: In an incident of alleged forcible and violent repossession of a financed car, an east Delhi resident has moved the State Consumer Commission seeking compensation and punitive damages of Rs 47 lakh for use of goons by ICICI Bank.
The goons allegedly battered a person sitting in the car with an iron rod the victim needed 12 stitches on the head and dragged him on to the road when he tried to resist by clinging to the Swift car's door.
Commission president Justice J D Kapoor has issued notice to the managing director of ICICI bank K V Kamath and the collection manager of the bank to explain the bank's conduct relating to the allegations made by one Tapan Bose. The officials have been asked to appear in person on April 19.
"We have observed and so has the Supreme Court that merely because the bank has the right to re-possess the vehicle for non-payment of installment does not mean that it can repossess it in the manner in which no civilised society can brook," said Justice Kapoor, issuing the notice to the Bank.

"We have observed that hire-purchase contract is a civil contract and, therefore, has to be executed or affected through civil remedy (after an order from a civil court)," said Justice Kapoor.
Denying the allegations, an ICICI Bank's spokesperson told TOI: "We are aware of the notice and we will contest the allegations before the Commission. These allegations are not correct."
Bose, a construction contractor who had taken a loan of Rs 3.4 lakh in May 2005, said in his complaint that the car was parked at the DDCA Club, Kotla, on January 8 and his friend, Vinod, was sitting in the car when he was attacked by the goons who said the Bank had sent them.

Bose alleged that Vinod was also robbed of his gold chain and his jacket, which had an amount of Rs 200 and a driving licence.
Bose has also filed a separate criminal complaint with the police. According to an FIR registered by IP Estate Police, the car (DL 2C P 4390) was allegedly recovered from the Bank's godown in west Delhi. The police have registered a case under section 308 (attempt to commit culpable homicide) of IPC.
rahul.chhabra@timesgroup.com

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