Maharashtra

Thane

MA/100/2023

SUDHARSHAN S/O LATE ASHOK JADHAV - Complainant(s)

Versus

HOUSING DEVELOPMENT FINANACE CORPORATION A BANKING FINANCE COMPANY - Opp.Party(s)

DEVIDAS MORE

14 Mar 2024

ORDER

ठाणे जिल्हा ग्राहक तक्रार निवारण आयोग
रुम नं.214, दुसरा मजला, जिल्हाधिकारी कार्यालय इमारत, ठाणे-400 601
 
Miscellaneous Application No. MA/100/2023
( Date of Filing : 08 Nov 2023 )
In
Complaint Case No. CC/460/2023
 
1. SUDHARSHAN S/O LATE ASHOK JADHAV
FLAT NO. 204, STATUS BUILDING 2 ND FLOOR, NEAR ANUBHAV HOTEL, LAL CHOWKI KALYAN WEST DIST- THANE
...........Appellant(s)
Versus
1. HOUSING DEVELOPMENT FINANACE CORPORATION A BANKING FINANCE COMPANY
RAMON HOUSE H T PAREKH MARG, 169, BACKBAY RECLAMATION , CHURCHGATE MUMBAI
2. HDFC LIFE INSURENCE COMPANY
11TH TO 14TH FLOOR APOLLO MILLS COMPOUND LODHA EXCELUS NM JOSHI MARG MAHALAXMI MUMBAI BRANCH OFFICE OFFICE NO 102,103 FIRST FLOOR MANOVI CITY CENTER SHIVAJI CHOWK R P ROAD KALYAN DIST THANE MAHARATRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. DR. RICHA BANSOD PRESIDENT
 HON'BLE MR. B. B. RASAL MEMBER
 HON'BLE MR. H. M. BADGUJAR MEMBER
 
PRESENT:
 
Dated : 14 Mar 2024
Final Order / Judgement

ORDER ON INTERIM APPLICATION FILED BY COMPLAINANT

PER HON’BLE MS.DR.RICHA BANSOD, PRESIDENT
Complainants no1 and 2 are the son and widow of late Shri Ashok Namdeo Jadhav. The opponent  no.1 is Housing Development Finance Corporation, Banking and Finance Company, and opponent no.2 is Housing Development  Finance Corporation, Life Insurance Company.
On perusal of the complaint and the documents and on perusal of the interim application and hearing of the same, the complainant sought that the opponent be directed to provide all original documents of both the insurance policies standing in the name of  late Ashok Namdev Jadhav to the complainants. The complainant also in the interim application hearing sought that the complainant should not be disposessed of the flat, namely flat no.204 status building 2nd floor near Anubhav Hotel Lal Chowki Kalyan West.
It appears that the widow and the son of late Shri Ashok Jadhav are in fear of losing their house, from the fact and circumstances of the case, it appear that complainant has prima facie case, the balance of convenience is in their favour, and if interim application is not allowed, complainant will suffer irreparable loss. Taking into consideration the settled law and necessary ingredients of injunction are fulfilled by complainant, and therefore, the interim application is partly allowed.
ORDER
1. Opponent No 2 to provide all original documents of both insurance policies that stand in the name of late Shri Ashok Jadhav
2. Opponent No 1 is restrained from dispossessing the house, that is the residence on the above-mentioned address from the possession of the complainants until the final disposal of this complaint.

 
 
[HON'BLE MS. DR. RICHA BANSOD]
PRESIDENT
 
 
[HON'BLE MR. B. B. RASAL]
MEMBER
 
 
[HON'BLE MR. H. M. BADGUJAR]
MEMBER
 

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