Deepak Hada and 5 Ors. v. I C I C I Bank Limited

Appeal Dy. No. 199/2019 Date: 27.03.2023

Deepak Hada Vs. I C I C I Bank Ltd.

Present: Shri Kushal Kant along with Shri Ashok Srivastava, counsel for the appellant, Shri V. K. Pandey, counsel for the respondent-Bank,

Learned counsel for the appellant contends that the appellant is claiming complete waiver on the ground that the amount of pre-deposit was to be realized by the Bank from its sister concern, for which the matter is pending for consideration before the National Consumer Forum. It is contended that the appellant had filed Civil Appeal No. 8456/2023-Deepak Hada Vs. ICICI Lombard General Insurance Company & Ors. before the Hon’ble Supreme Court, which was disposed off vide order dated 21.03.2022 with the direction upon NCDRC to make an endeavour to decide the appellant’s complaint expeditiously and if possible, on out of turn basis. Copy of the said order has been produced before this Tribunal, which is taken on record.

Learned counsel for the respondent-Bank contends that the appellant has also approached before the Hon’ble High Court by filing the writ petition no. 2535/2023 – Deepak Hada and 5 others Vs. Chairperson, DRAT, Allahabad and 2 others, which was disposed off vide order dated 09.02.2023 with the direction that in case defects in appeal are cured and it is ripe for hearing, the DRAT shall consider and decide the application for stay in accordance with law expeditiously.

In view of the above, list this case on 15.05.2023, by which time, if any order is or has been passed by the National Consumer Disputes Redressal Commission (NCDRC), the same may be produced before this Tribunal.

Justice R. D. Khare Chairperson