MS. NIPUR CHANDNA, MEMBER
ORDER
10.06.2024
1. A complaint under Section 35 of Consumer Protection Act filed. In brief the facts of the complaint are that the deceased husband of the complainant took a personal loan of Rs. 9 Lakh vide agreement no. 31331185 dated 11.03.2020 for a period of 48 months. The deceased husband of the complainant was regularly paying the installment of Rs. 27,388/- p.m. during his lifetime to the OP.
2. On 03.05.2021, the husband of the complainant died living behind two daughters and one son. After the death of her husband complainant approached OP in the month of June, 2021 and submitted the death certificate of her husband and requested the bank to close the loan in terms of the insurance coverage provided against the loan in question. Despite having knowledge of entire facts OP intentionally deducted the EMI for the Month of May, 2021, June, 2021 and twice in the month of August, 2021. The officials of the OP even deducted the EMI for the month of September, 2021 and in total OP deducted 9 EMIs of Rs. 27,388/- each for a total sum of Rs. 2,46,492/- despite knowing the fact that her husband was died and was duly insured with HDFC life Insurance.
3. It is further alleged by the complainant that on 14.09.2021, OP received a sum of Rs. 3,10,935/- from the Ins. Co. against the coverage provided to the husband of the complainant. It is further alleged by the complainant that OP intentionally withhold a sum of Rs. 5,89,065/- without any reason, hence, the same be released in favor of the complainant. It is alleged by the complainant that despite receiving the balance loan account from the Insurance coverage the official of the OP arbitrarily deducted the 9 EMIs she is entitle to get back this amount also.
4. It is further alleged by the complainant that on various occasions she approached OP for refund of the amount but all in vain. Being aggrieved by the conduct of the OP complainant approached this Commission for redressal of her grievance.
5. The present complaint case is on admission stage. We have heard the arguments advance at the bar by Ld. Counsel for complainant Sh. Pawan Gupta on admission as well as limitation issue and have perused the record.
5. It is submitted by Ld. Counsel for complainant that the husband of the complainant died on 03.05.2021 and despite having the intimation of the same the officials of the OP arbitrarily deducted 9 EMIs from complainant’s account as well as adjusted the entire proceeds of insurance cover against the personal loan of Rs. 9 Lakhs, hence, the cause of action is continuing one and present complaint is well within limitation.
6. Before adverting to the disposal of the present complaint let us peruse the relevant provision in respect of limitation provided under Consumer Protection Act, 2019.
As per section 69 of Consumer Protection Act, 2019: -
- The District Forum, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
- Notwithstanding anything contained in subsection (1). A complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the state commission or the National Comission , as the case may be, that he had sufficient cause for not filing the complaint within such period: provided that no such complaint shall be entertained unless the National Commission , the State Commission, as the case may be records its reason form condoning such delay.
7. A perusal of the aforesaid statutory position reflects that the complaint should be preferred within a period of two years of the accrual of cause of action.
8. Admittedly, in the present complaint case the complainant has not mentioned as to when the insurance company has released the claim amount in favor of the OP Bank. The complainant has simply averred in her complaint that despite having the knowledge of the death of her husband OP arbitrarily deducted the EMI for the period from 04.05.2021 to 05.09.2021 and also received a sum of Rs. 3,10,935/- from the Insurance company to recover the personal loan granted to her deceased husband.
9. In view of the above facts and circumstances, we are of the considered opinion that substantive cause of action for filing the present complaint firstly arose on 03.05.2021 on the death of her husband and finally accrued on 14.09.2021 when the OP received a total sum of Rs. 3,10,935/- from OP Ins. Co. against the personal loan availed by her deceased husband. The cause of action for filing the present complaint finally arose on 14.09.2021. The complainant ought to have filed the present complaint within two year of the accrual of cause of action i.e. 14.09.2023. The complainant has filed the present complaint on 25.01.2024 i.e after the delay of 04 months and 10 days, moreover the complainant has not given any sufficient reason for not approaching this Commission well within time. The present complaint is therefore barred by limitation, hence, dismissed.
File be consigned to record room.
10. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry. Order be uploaded on www.confonet.nic.in.
Announced in open Commission on 10.06.2024.
Sanjay Kumar Nipur Chandna Rajesh
President Member Member
