Order No. 3                      

Ld. Advocate for the complainant is present.

Ld. Advocate for the opposite party nos. 3 and 4 is also present.

The Misc. Application has been filed by opposite party nos. 1 and 2/petitioners praying for expunge of their name from the cause title of CC/135/2022.

Ld. Advocate for the complainant submits that opposite party nos. 3 and 4 are necessary party to the case and their presence is very much required for proper adjudication of the disputes between the parties.

Ld. Advocate for the complainant further states that her husband secured the repayment of the loan amount by availing HDFC LIFE GROUP CREDIT PROJECT PLUS INSURANCE PLAN of the opposite party no.3. The husband of the complainant paid a sum of Rs. 7,627/- only towards premium of the said policy for single life coverage and sum assured covered risk for sum of Rs. 6,07,729/- only in case of death of the insured during validity period of the said policy. The terms of membership of the said policy commenced from 26/02/2021 which was valid till to 25/02/2023. During lock down period their business was badly affected and due to financial crisis the husband of the complainant could not repay few installments of the loan. On 12/11/2021 the husband of the complainant died due to certain cardiac respiratory failure. By a letter dated 17/12/2021 the complainant informed opposite party nos.1 and 2 about the death of her husband and requested to waive outstanding dues of the loan amount and recover the same from the sum assured under the group insurance policy issued by respondent no.3.

So, the presence of opposite party nos. 2 and 3 is essential for proper adjudication of the case.

In reply, Ld. Advocate for the opposite party nos.3 and 4 submits that in terms of the policy a sum of Rs. 4,34,435/- only has already been remitted in favour of opposite party no.1 through NEFT on 21/02/2022 vide payment no. 3682691 and UTRN No. 202218224119. Therefore, the name of the opposite party nos. 3 and 4 needs to be expunged from the instant complaint case.

From the submission of both the parties it is crystal clear that for proper adjudication of the disputes between the parties the presence of opposite party nos. 3 and 4 is necessary. It has to be decided by the touch stone of evidence of the parties that opposite party nos. 3 and 4 have complied their part in terms of the policy HDFC LIFE GROUP CREDIT PROJECT PLUS INSURANCE PLAN.

So, their name cannot be expunged from the cause title of the case.

In the light of the observation made above, the Misc. Application stands dismissed on contest without cost.

Thus Misc. Application is disposed of.