Showing posts with label allahabad. Show all posts
Showing posts with label allahabad. Show all posts

Wednesday, April 18, 2007

Allahabad High Court verdict against use of Gundaas by ICICI

Here's a verdict by Allahabad High court against ICICI Bank's illegal methods to use gundas to manhandle consumers for recovery of loans

http://www.allahabadhighcourt.in/ejurix/servlet/WebViewJudgementDirectly?method=referred&casetype=HABC&caseno=58318&year=2005&judgementdate=09/09/2005

some extracts are:
From the facts stated above, in our opinion the following questions of public importance arise for consideration :-
(1)Whether license granted to ICICI Bank under the Banking Regulations Act, 1949 or guidelines issued by the Reserve Bank of India permit the ICICI Bank to recover its dues from the borrowers through collection agents who are bullies who recover the loan by taking law in their own hands?

(2)Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy is a legal contract and, if so, its effect? Whether the contract entered into between the ICICI Bank and Shiv Shakti Consultancy absolves the ICICI Bank from all criminal and civil liabilities?

(3)Whether Shiv Shakti Consultancy is an agent of ICICI Bank and whether the bank is liable for all actions of its collection agent or agencies who violate criminal and civil laws.

(4)Whether ICICI Bank is under a legal obligation to follow due process of law for carrying out its banking business of advancement of loans and recovery of its dues? Whether it can disturb the rule of law by engaging collection agent that recovers the dues from the borrowers by using muscle power?

(5)Whether the ICICI Bank can recover its dues only in accordance with law by filing a civil suit?

(6)Whether the ICICI bank or its collection agency can take coercive action against the borrower by snatching the vehicles or taking possession of the property without following the procedure established by law and take further coercive action by locking the individual borrower in the bank or at some other place?

(7)Whether any recovery charges are paid by the bank to its collection agents and whether it is recoverable by the bank from the borrower or not and, what is the percentage of recovery charges paid by the ICICI bank to the collection agent?

(8)Whether ICICI bank can ignore the provisions of section 138 of the Negotiable Instrument Act,1881 in case of bounced cheques and proceed to recover the amount of the bounced cheques through their collection agent by force?

(9)Whether the Nationalised Banks which recovers its dues from the borrowers in accordance with law could be permitted to adopt the same procedure for recovery of its dues from the borrowers as adopted by the private banks like ICICI Bank through collection agents who take law in their own hands?

(10)Whether for recovery of any amount from a borrower two different parallel systems could exist, one in accordance with law followed by the Nationalised Banks and the other followed by the private banks who recover their dues through collection agents in violation of law? Since this is a matter of vital public importance, interest of justice demands that this matter should be heard by a larger bench.

The Registrar General is directed to register a Public Interest Litigation and place the records along with our order before the Hon'ble the Chief Justice for nominating an appropriate larger bench for hearing this public interest matter expeditiously.