DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.391 of 22.12.2022

Decided on : 16-5-2023

Harjinder Kaur Wd/o Balwant Singh S/o Jangir Singh R/o H. No.458, St. No.3, Dhobiana Basti, Bathinda.

​........Complainant

Versus

1. Bandhan Bank, Namdev Road, Near Indrani Hospital, Bathinda, through its Branch Manager.

2. Bandhan Bank, Cluster Head, Feroze Gandhi Market, Ludhiana, through its authorized signatory.

3. Bandhan Bank, floor-12-14, Advents Infinity @ 5, BN 5, Sector V, Salt Lake City, Kolkata-700091, through its C.E.O/ Authorized Signatory.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh. B.S. Ghuman, Advocate.

For opposite parties : Opposite parties Ex-parte.

ORDER

Lalit Mohan Dogra, President:-

1. The complainant Harjinder Kaur (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Bandhan Bank and others (here-in-after referred to as opposite parties).

2. Briefly stated the case of the complainant that she is member of Anju Group, Bathinda and the Group- ID number of the complainant is 1186910054. The complainant availed a group loan of Rs.65,000/- from the opposite parties on 24.09.2020 vide account No.50180026160207 and Balwant Singh husband of the complainant was co-applicant. The said loan was to be paid within one year by way of weekly installments of Rs.1500/ . At the time of availing loan, the complainant as well as her husband Balwant Singh being co applicant was insured under the said loan as per terms and conditions of the opposite parties.

3. It is alleged that after availing loan, the complainant was paying weekly Installments of Rs.1500/- each with the opposite parties and she had already paid installments up to 26.04.2021. Unfortunately, Balwant Singh husband of the complainant died on 08.05.2021. As per terms and conditions of the opposite parties, in case any of the applicant died during the pendency of the loan amount, there is no need to deposit the other weekly installments after death.

4. It is further alleged that after the death of Balwant Singh the complainant intimated the opposite parties and also submitted the required documents with opposite parties on 29.06.2021. Thereafter the complainant approached the opposite parties many times with the request to settle the claim, but the opposite parties lingering on the matter on one pretext or the other. The complainant also got served legal notice upon the opposite parties in this regard. Thereafter the opposite parties called the complainant on 06.10.2022 and asked her to make online complaint from her registered mobile phone with bank and assured that the claim will be settled within one or two months. Accordingly, complainant lodged online complaints with opposite parties on 08.10.2022, 14.10.2022, 08.11.2022 and 28.11.2022, but however, the opposite parties failed to settle the claim and to make the payment rather kept the same pending. Further on the request of opposite parties the complainant again submitted the required documents to the opposite parties on 23.11.2022. The complainant alleged that due to non-payment of insurance claim on account of death of Balwant Singh, the opposite parties have caused her mental, agony, pains and sufferings for which she claims compensation to the tune of Rs. 20,000/-.

5. On this backdrop of facts, the complainant has prayed for directions to the opposite parties to pay Rs. 65,000/- as insurance claim on account of death of her husband Balwant Singh, alongwith interest @18% p.a. from 08.05.2021 till payment in addition to compensation of Rs.20,000/- besides Rs.10,000/- as litigation expenses.

6. Registered A.D. Notice of complaint was sent to the opposite parties, but none appeared on their behalf. As such, exparte proceedings were taken against them.

7. In exparte evidence complainant tendered her affidavit dated 22.12.2022 (Ex. C-1) and documents (Ex.C-2 to Ex.C-10).

8. The learned counsel for the complainant has argued that complainant had availed group loan of Rs. 65,000/- from the opposite parties on 24-9-2020 and husband of the complainant Balwant Singh was co-applicant. The loan was repayable in weekly installments of Rs. 1500/-. At the time of availing of loan, the complainant and her husband were also insured under the said loan as per terms and conditions of the opposite parties. It is further argued that after availing the above said loan, the complainant was regularly paying installments upto 26-4-2021. However, husband of the complainant expired on 8-5-2021. which is evident from death certificate (Ex. C-2) . It is also argued that as per terms and conditions of the opposite parties in case of death of applicant during pendency of the case/loan, the loanee shall not be required to deposit weekly installments after death and liability to pay the loan shall be of the insurer. The complainant many times approached the opposite parties with the request to exempt further payment of loan but the opposite parties failed to settle the claim and kept on demanding the amount.

9. We have heard learned counsel for the complainant and gone through the record.

10. A perusal of file shows that complainant has placed on record copy of Pass Book of Loan Account, copy of Death Certificate and e-mails sent to the opposite parties but surprisingly, complainant has not placed on record copy of Insurance Policy and the record regarding loan agreement. As such, this Commission is unable to arrive at any conclusion that loan amount of complainant was secured through policy of Insurance.

11. Accordingly, present complaint is partly allowed and the opposite parties are directed to settle the claim of the complainant within 45 days after receiving the required documents from the complainant. No order as to costs.

12. The complaint could not be decided within the statutory period due to heavy pendency of cases.

13. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    16-05-2023

    ( Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member