27 March, 2008

Bank, 2 staffers to be booked in bus repossession case

The Times of India 26 March 2008 P. 11 Delhi

Taking a strong view of an alleged forcible repossession of a bus financed by the ICICI Bank, a city court has ordered registration of an FIR against the bank and two of its employees and five unknown persons. In the order, the court also issued notices to the SHO of Vasant Kunj and the concerned ACP. Metropolitan magistrate Praveen Singh, while ordering SHO of Vasant Kunj police station to register the FIR, in the order said: ‘‘The police was bound to register an FIR which it had failed to do. Let the notice be issued to the SHO, Vasant Kunj as well as ACP concerned for reply on why a contempt reference should not be made to the honourable high court.’’
The court also directed the SHO to file the investigation report in the case by on April 8. In the matter, a complaint was lodged through his counsel M R Singh Sisodia by Ravinder Singh Mann, CEO and managing partner of a Delhi-based firm Balaji Services, alleging that one of his CNG buses, out of 21 buses which were financed by the ICICI Bank, was forcibly repossessed. According to the complaint, Mann was paying all the instalments which were being encashed through post-dated cheques. Later, Mann mentions in the complaint that two officials of the bank had come to his office and ‘‘demanded more post-dated cheques by saying that some of the cheques given by the applicant earlier are not traceable.’’
On this Mann is said to have told the officials that in such a case, a letter or an affidavit was required to be given from the head office of the bank.’’ According to Mann, on March 1, 2008, one of his buses was forcibly repossessed from Ghitroni area, here, by a group of seven people. It has also been alleged that the driver and the supervisor were kept under illegal detention and the driver was forced to sign a proforma. Both were finally released on March 3, 2008 ‘‘after issue of dire threats.’’
According to Mann, a complaint was then filed with the Vasant Kunj police station and also DCP south-west, but no action was taken. Mann was then forced to move the court on March 12. The court was furious with the police that rather than registering an FIR they were conducting a preliminary equiry. Charudatt Deshpande, spokesperson for ICICI Bank, told Times City: ‘‘We have not received the order as yet. The customer was given 16 vehicles and in all cases he was a chronic defaulter. Two of the vehicles were repossessed and we have followed due process of law. If we receive any court order we would be able to react based on facts.’’

With thanks from The Time of India
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