ICICI Bank directed to pay compensation of Rs. 50,000
For auctioning a car of 2003 model as 2007 model
Madurai District Consumer Disputes Redressal Forum on Wednesday directed ICICI Bank to pay a compensation of Rs. 50,000 to a city resident for having sold in auction a 2003-model car in the guise of a 2007-model vehicle.
S. Srinivasan, the petitioner, bought the car on seeing an advertisement in an e-commerce portal. The bank had seized the car from its owner for default in loan repayment. The advertisement had mentioned that it was a 2007-model vehicle.
Mr. Srinivasan paid Rs. 1.04 lakh in the name of the original owner of the car with the bank branch on Bypass Road as directed by the bank officials.
Later, he was asked to take delivery of the vehicle from the yard manager and collect the original R.C. Book from the car owner.
When Mr. Srinivasan took the car for service, he found that the vehicle model was 2003 and not 2007 as advertised. Besides, he could not collect the RC book from the owner as she claimed that she had pledged it with someone else.
Mr. Srinivasan filed a complaint with the forum seeking return of Rs. 1.04 lakh he paid for the vehicle, Rs. 6,000 he paid to the portal and service charge of Rs. 35,000 he had incurred. He also sought a compensation of Rs. 50,000.
The bank said it was not liable for refund of the auction price. The online portal said it was only a platform for buyers and sellers and was not a party to the transaction.
When the case came up for hearing, the forum, comprising chairman V. Balasundarakumar and members C. Packialakshmi and M. Maraikamalai, observed that ICICI Bank, which was the seller, neither handed over the R.C. Book nor gave any explanation as to why it was not recovered from the original owner.
Besides, it found the bank guilty of providing wrong information in the website regarding the model of the car and said it amounted to deficiency in service and unfair trade practice.
The Consumer Disputes Redressal Forum directed the bank to pay a compensation of Rs. 50,000 for the mental agony and monetary loss suffered by the complainant.
Besides, the bank should pay him Rs. 3,000 as cost, it ordered.
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