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Bank in dock for `deficient' service

Our Legal Correspondent

Chennai , Sept. 12

A CONSUMER court in Chennai has directed a private sector bank to pay a compensation of Rs10,000 to a buyer of a two-wheeler financed by it.

Holding that the service rendered by the ICICI Bank, Kotturpuram Branch, was "deficient" in not providing the purchaser of the two-wheeler the essential RC book as also the insurance papers in original, the District Consumer Disputes Forum (South), Mylapore, asked the bank to furnish the 1st and 2nd year insurance documents, RC book and the life-time tax token - all in original - immediately.

As the deficiency of service by the bank was apparent, and as the bank all along remained silent despite the demands made by the complainant, J. Babloo Jeya Sooria of Mogappir West, Chennai, the complainant was entitled to receive the RC book, insurance policy and other documents, the Forum held.

The complainant had bought Kinetic Zing two-wheeler from the opposite party on June 7, 2003. When he asked the vehicle dealer to handover the RC book and insurance policy, he was informed that the documents would be sent by the bank, which provided finance for the purchase. He however, received, the photocopy of the insurance cover note, life-time tax token and delivery note from the bank. At the time of purchase of the vehicle, the bank asked the complainant to send 23 post-dated cheques in payment of the equal instalments. As the opposite party did not make available the RC book, insurance policy, etc. the complainant said he was not able to use the vehicle. The complainant sent a notice for non-receipt of RC book to the bank on March 30. As there was no response, the complainant issued stop-payment advice to the Bank in respect of the post-dated cheques.

The Forum, comprising Ms R. Aparna, President, Ms V. Sheeba, and Mr J. Kadirvel, members, said that since the vehicle was hypothecated to the Bank, the proper course available to the bank was to make a hypothecation endorsement on the original RC and hand it over to the owner. The bank not only retained the insurance papers of 1st and 2nd years, but also held the original RC, which was very much necessary for the complainant to ply the vehicle.

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