SQUARDEN LEADER, VIRENDER SINGH MALIK SON OF LATE PURAN SINGH MALIK Vs. ICICI BANK LIMITED AND ORS
LAWS(PUNCDRC)-2010-12-4
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 09,2010

Squarden Leader, Virender Singh Malik Son Of Late Puran Singh Malik Appellant
VERSUS
Icici Bank Limited And Ors Respondents

JUDGEMENT

- (1.) THE appellant had applied to respondent No.1 in October 2002 through respondent No.2 for availing the bank loan of Rs.2,75,000/ - for purchasing the Hyundai Accent car. Respondent No.2 had got signed blank cheques from the appellant along with other documents for sending the same to respondent No.1. In the last week of October 2002 the appellant refused to avail the loan and requested respondent No.2 to return the blank cheques and other documents which were duly signed by him but respondent No.2 failed to return those cheques/documents on the plea that the same were sent to Mumbai office for approval of loan.
(2.) IT was further pleaded that the appellant was the owner of Hyndai Accent car bearing registration certificate No.HR -10 -D -4874. It was got insured from respondent No.3 and the cheque for Rs.16,656/ - on account of premium dated 15.2.2003 drawn on respondent No.1 from his account No.001701020420 was issued in favour of respondent No.3. The appellant had deposited a sum of Rs.19,000/ - in his account in the bank respondent No.1 on 17.2.2003 for the clearance of the insurance cheque. Respondent No.3 issued the cover note of the insurance policy on 15.2.2003.
(3.) IT was further pleaded that the said car of the appellant met with an accident on 29.8.2003 when it was being driven by the appellant. The appellant suffered the injuries but the car had suffered extensive damage in this accident. Information was given to the respondent Insurance Company but the appellant was informed that the insurance of the car was cancelled as the cheque was dishonoured by respondent No.1. It was further pleaded that on the enquiries made by him, the appellant came to know that the bank respondent No.1 due to a mistake had debited the cheque of Rs.17,480/ - in the account of the appellant and accordingly the cheque of premium for the insurance policy issued in favour of respondent No.3 for the insurance of the car was dishonoured. Immediately thereafter the respondent bank credited the amount of Rs. 19,107/ - in the account of the appellant on 1.9.2003 and expressed regret to the appellant. Since the car was not insured with respondent No.3, the respondent Insurance Company refused to pay the insurance claim. Hence the complaint for recovery of Rs.4,00,000/ -.;


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