Achatram Tolani vs ICICI Bank & Anr

This has its genesis in the previous Orders dated 02.06.2022, dated 13.06.2022 and dated 28.06.2022.

The learned counsel for the respondent bank (ICICI Bank) submits on instructions that it wishes to settle the matter by unconditionally paying Rs. 1.25 lakh to the petitioner (complainant) within a period of 10 days from today. Mr. Mukesh Vijay, Chief Manager Legal ICICI Bank Jaipur present in person confirms. The learned amicus curiae for the petitioner (complainant) submits that though the record of the case betrays out elements of deficient and unfair & deceptive conduct on the part of the respondent bank which resulted in loss & injury to the petitioner and even though the respondent bank has prolonged the harassment which he faced as its consequence, but in the wake of the offer of settlement that has been proposed on behalf of the respondent bank and in order to put a period on the continuing litigation the petitioner is agreeable to the terms of the proffered compromise. The learned amicus curiae further submits on instructions that in the circumstances of the case if the offered amount is made good within a short period of time it will meet the ends of justice and the call of equity will stand satisfied.

In the wake of above submissions, the revision petition stands disposed of with the direction that the respondent bank (ICICI Bank) shall pay an amount of Rs. 1.25 lakh to the petitioner (complainant) by way of ‘payee’s a/c only’ demand draft within a period of 10 days from today with advice to the respondent bank to study this case and inculcate and imbibe systemic improvements for future so that recurrence of such kind of mismanagement episodes which may go to bespeak of deficient and unfair & deceptive conduct may be averted and the consumers may not be put to such kind of loss & injury and harassment.

In the peculiar facts & circumstances and specificities of this case we also deem it appropriate to record that the decision in this case shall not be a precedent.

Before parting we feel persuaded to leave a note of our approbation for Mr. Anand Prakash, learned amicus curiae who has so assiduously researched his brief, mastered the facts and rendered his able assistance in order to arrive at a lawful and conscionable conclusion of this lis. He has actually set up an example worth imitation for members of his fraternity and has demonstrated that volunteering legal aid to an indigent as a true officer of the court may go a long way to satiate the call of justice and that it is a sublime act, far more gratifying than any other pecuniary considerations. We feel that his conscientious and adroit assistance and performance must certainly be recognised, if not rewarded.

The Registry is requested to send a copy each of this Order to the parties in the petition as well as to the learned amicus curiae for the petitioner, the learned counsel for the respondents and Mr. Mukesh Vijay, Chief Manager Legal ICICI Bank Jaipur as well as to the District Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.