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- By Parinda News Bureau, July 18, 2006, 13:21 IST
Himanshu Dev Sharma, a fast food center owner from Delhi hardly knew what he was in for when he opted for an ICICI bank loan for his motorcyle. When he failed to pay the EMI on time, ICICI bank allegedly sent musclemen to recover the bike, humiliating hom to such an extent that the man committed suicide.
The Delhi High Court has directed the police to expedite probe into his suicide.Coming down heavily on ICICI bank, Justice S N Aggarwal said, ""By no stretch of imagination, banks could be permitted to employ musclemen and goons for recovery of their dues even from defaulting party". Justice S N Aggarwal expressed anguish at the manner in which investigations were carried out by the police though the victim's family lodged a complaint with the Srinivaspuri Police as early as in November 29, 2005
The court's observations on July 13 followed an appeal from Shanti Devi Sharma, a widow and mother of the deceased Himanshu Dev Sharma (34) who alleged that the police had failed to conduct any investigations into the suicide allegedly abetted by the ICICI Bank with its strong arm tactics.
In her complaint, Shanti Devi Sharma alleged that her son had availed a ICICI bank loan of over Rs 40,000 from the ICICI Bank on June 7, 2005 to buy a motorcycle.
Himanshu defaulted on one installment of the ICICI bank loan and ICICI bank allegedly sent men to his house and his office for recovering the loan amount due. On October 16, 2005, ICICI bank's agents forcibly carried away Himanshu's motorcycle in lieu of the default loan amount.
Subsequently, Himanshu's wife approached ICICI Bank loan officials and requested them to allow her to pay the installments and take back the motorcycle. She was allegedly insulted by the staff and refused this. The complaint says, Himanshu felt humiliated at this as his neighbours taunted him after his vehicle was seized by ICICI bank.
According to the petition Himanshu felt humiliated as he became the object of ridicule as his neighbours reportedly jeered him after seizure his vehicle by ICICI bank. Finally, unable to bear the alleged humiliation any longer, Himanshu Dev Sharma, 34, hanged himself to death on October 21. A case was registered against the ICICI Bank by police on November 29, 2005, for "abetting" the suicide. Yet no action was taken so far.
Justice Aggarwal said, "The modus operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are give is extra-legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from the defaulting party. Everybody has a right to live with dignity and that right cannot be taken away except without due process of law,".
The court observed that no satisfactory investigation had been carried out by the investigating officer, and directed that the matter be investigated "as expeditiously as possible and take necessary action against those who may be found guilty of abetting the deceased to commit suicide.
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