In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No. 38 / 2010.

1)                   Chalchal Basu,

            83/D, Sarat Ghosh Garden Road, Kolkata-700031.                                   ---------- Complainant

---Versus---

1)                   Chief Manager, Housing & Urban Development Corporation Ltd.,

15N, Neilly Sengupta Sarani, 3^rd Floor, Kolkata-700087.

2)                   Chief Regional Manager, United India Insurance Co. Ltd.,

            2^nd Floor, Himalaya House, 38B, Chowringee Road, Kolkata-700087.       ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   29    Dated 31/08/2012.

The petition of complaint has been filed by the complainants Chanchal Basu against the o.ps. Housing & Urban Development and another. The case of the complainants in short is that brother of the complainants died in road accident on 8.3.08 along with his wife and his only son (1^st class legal heirs). That brother since deceased took a loan amounting to Rs.3 lakhs only for the purpose of purchasing a flat from o.p. no.1. Th e loan amount was payable through 150 EMIs each of Rs.3916/- (letter dt.5.4.02 issued by o.p. no.1, Kolkata Branch), annex-P-1 of complaint petition. This loan was sanctioned by o.p. no.1 upon mortgaging the title deed of the aforesaid flat. The deceased brother of complainants during his life time made regularly 71 EMIs  in favour of o.p. no.1. Total amount of EMIs paid by him is Rs.2,68,309/- which was duly received and accepted by o.p. no.1. After death of Late Shyamal Kr. Basu complainants continued the repayment of the loan in question and paid total sum of Rs.41,569/- through 11 EMIs which was also received and accepted by o.p. no.1 and they came to know during Jan, 2008 from o.p. no.1 that no further claim in respect of aforesaid loan exists on the part of  o.p. no.1 but they did not issue any document in support of their such contention and ultimately on 21.2.08 complainants received a letter wherein it was stated that since all and every amount of repayment of loan had been paid to o.p. no.1 they would issue Final Certificate of payment of principal amount and interest thereon in respect of such loan after 31.3.08.

            Thereafter, the complainant came to know that the borrower i.e. Late Shyamal Kr. Basu, on account of the said loan was covered by personal accident insurance policy issued by o.p. no.2 which was to run collaterally with repayment of stipulated EMIs, although this fact was never divulged to complainants by o.p. no.1. In spite of several requests by complainants to o.p. no.1 to provide with the statement regarding status of repayment of loan amount, release of the mortgaged title deed of the suit flat and other relevant documents but o.p. no.1 did not turn up and hence the case.

            O.p. no.1 had entered his appearance in this case by filing w/v denying all the material allegations labeled against them and prayed for dismissal of the case. O.p. no.2 also had entered his appearance in this case by filing w/v and o.p. no.2 virtually admitted the case of complainant.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and all the documents brought before this Forum. It is admitted fact that Late Shyamal Kr. Basu took a loan of Rs.3 lakhs from o.p. no.1 for purchasing a flat and the title deed of that flat was mortgaged to o.p. no.1. It is also admitted fact that Late Shyamal Kr. Basu paid Rs.2,68,309/- towards repayment of loan amount. Moreover it is unchallenged that complainants paid a total sum of Rs.41,569/- towards the same loan amount. After going through every nook and corner of all the documents brought before this Forum and haring minutely from all the parties it is beyond doubt that complainants are eligible to pay back the amount from o.p. no.1 to establish th e aforesaid contention it is needed to be mentioned that the loan amount in question was covered by insurance policy of United India Insurance Co. Ltd. o.p. no.2 and it is also pertinent to mention that after sad demise of Shyamal Kr. Basu the residual loan amount was already paid by o.p. no.2 to o.p. no.1. After considering four corners of the instant case we are of opinion that o.p. no.1 is liable to pay back Rs.54,365/- along with interest (as payable by RBI guideline) from the date of death of Late Shyamal Kr. Basu till the date of realization. It is also needed to be mentioned that related copy of succession certificate has been filed by complainants before this Forum and original of that succession certificate has been shown before this Forum to decide whether complainants are eligible to get compensation or not. Due to inaction and deficiency in service by o.p. no.1 complainants have to bear immense suffering and mental agony and they are eligible to get compensation from o.p. no.1.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.p. no.1 and without cost against o.p. no.2. O.p. no.1 is directed to pay Rs.54,365/- along with interest (as payable by RBI guideline) from the date of death of Late Shyamal Kr. Basu till the date of realization and is also directed to compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply free certified copy of this order to the parties.