The Delhi State Consumer Commission has asked ICICI Bank managing director K V Kamath to personally appear before it in respect a complaint alleging that the bank had employed musclemen for forcibly taking possession of a loaned car.
"This is a very unfortunate case where the opposite parties (ICICI Bank and its officers) is alleged to have employed goondas and musclemen for taking forcible possession of the car in respect of which only 3-4 installments remained unpaid," Commission president Justice J D Kapoor said.
The commission sought personal appearance of K V Kamath, MD and CEO of ICICI Bank Ltd in the case. The Commission also asked the collection manager of the bank to personally appear alongwith Kamath on April 19, the next date of hearing.
The Commission was hearing the complaint of Tapan Bose, a resident of Ganesh Nagar in New Delhi who alleged his car, financed by ICICI Bank, was forcibly taken possession of by the bank's musclemen employed for recovering its dues.Banks have right to repossess the loaned vehicle if the debtors fail to pay installments, the Commission said, adding "this right can be executed or affected through civil remedy".
"We have also observed and so has the Supreme Court that merely because opposite party (bank) has the right to repossess the vehicle for non-payment of installments does not mean that it can repossess it in the manner which no civilized society can brook," the Commission said, citing its earlier verdict.
Bose, who had sought Rs 47 lakh compensation from the bank on account of harassment, alleged that he, on protesting the forceful dispossession, was roughed up by recovery persons of the bank at parking lot of DDCA Club, Kotla ground.
The Commission took cognizance of the post-incident photographs which showed the injuries inflicted upon Bose. His counsel Prashant Mendiratta said a separate criminal complaint has already been filed against the bank for its alleged action.
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