Hon’ble Mrs. Dipa Sen (Maity), Presiding Member

The brief fact of the instant complaint case is that the Complainant Ms. Sadhana Verma has filed the instant consumer complaint against the O.Ps on the allegation of deficiency of service on behalf of O.Ps M/s India Bulls Housing Finance Ltd and M/s HDFC Life Insurance Co. Ltd.

The Complainant has stated that her son Rakesh Verma (deceased) has availed a home loan (Agreement No. NHLKOK 00230132) on 25-06-2015 from O.P No.1 M/s. India Bulls Housing Finance Ltd.  Accordingly, the Complainant as a Co-Applicant was duty bound to refund the said loan amount.  The said loan was secured under HDFC Life Insurance Company Ltd.  But unfortunately on 14-02-2016 Complainant’s son, master policy holder Rakesh Verma died in an accident living behind his mother i.e. present Complainant Mrs. Sadhana Verma having sole loan liability. The Complainant being a Co-Applicant/co-borrower has made payment of Rs.1,86,025/- through an account payee cheque just after 8 months of the death of her son. The Complainant informed to O.P No.1 through a letter that the amount has been indemnified by O.P No.2 Insurance Company and requested to settle all loan liabilities by one time settlement.  Despite receiving of such amount the O.P No.1 has been continuing harassment upon the present Complainant by sending antisocial person in order to extract more amounts from the Complainant.  In spite of several requests made by the Complainant the O.P No.1 did not issue ‘no dues’ certificate to close the loan liability. O.P No.1 has harassed the present Complainant by making phone calls and sending recovery agents.  Without getting any other way the present Complainant compelled to register a G.D before the police against O.P No.1 and ultimately appeared before this Commission with prayer for getting a direction upon O.P No.1 for issuing a ‘no dues’ certificate and to close the loan liability of the Complainant along with the other prayer for payment of Rs.1 Lakh from the O.P No.1 as cost of damage and for mental agony and harassment along with litigation cost of Rs.5000/-. 

On the other hand O.P No.1 appeared but did not file any W/V and accordingly, the case has been fixed and proceeded for ex-parte hearing against O.P.1. 

By filing W/V O.P No2 denied and disputed all the allegations made against them. They have categorically stated that the present complaint is not maintainable against the Insurance Company.  The Complainant has no cause of action against the answering O.P no.2 HDFC Life Insurance Company Ltd.  On 21-3-2016 the O.P Company received a death claim lodged by the Complainant thereby intimating the life assured has died on 14-02-2016 in a road accident.  The present O.P Company has duly processed the claim lodged by the nominee and paid a sum of Rs.25,33,975/- to the master policy holder, O.P No.1 M/s. India Bulls Housing Finance Ltd towards the total outstanding against the Housing Loan Via NEFT on 29-06-2016.  The balance amount of Rs.1,86,025/- was paid to the Complainant on the same date i.e. 29-6-2016 through NEFT.  They have no negligence or deficiency in service on the part of the present O.P Company and the Complainant is not entitled to get any order against O.P No.2 Insurance Company, HDFC Life Insurance Company Ltd. 

Heard the respective Ld. Counsels appearing for the Complainant and O.P No.2 at length.

Perused the materials on record adduced by both parties including affidavits, questionnaires, replies and other documents.

It clearly appears to us that this is an admitted fact that the Complainant was informed regarding disbursal of the amount of Rs.1,86,025/- through NEFT and Rs.25,33,975/- has already been sent to the Opposite Party No.1 master policy holder through NEFT on 29-06-2016. The sum assured amount as mentioned in the policy paper of the Insurance Company i.e. (Rs.1,86,025/-+Rs.25,33,975/-)= Rs.27,20,000/-  has already been disbursed to the O.P No.1 from the Insurance Company.

On hearing of both parties and on careful scrutiny of records it appears to us that there is a serious anomaly regarding the sanctioned of loan amount.  In page No.4, repayment schedule of O.P No.1 India Bulls the “Amount Financed” has been mentioned as Rs.27,72,807.00 whereas in Annexure No. ‘A & B’ attached with W/V filed by O.P No.2 HDFC Life Insurance Company the sum assured amount has been mentioned as Rs.27,20,000.00 which has been already paid to the O.P No.1.  Neither the Complainant nor the O.P No.2 has drawn our attention regarding any anomalies in mentioning the loan amount/sum assured amount.  As such, we cannot able to take any conclusion regarding the non-payment i.e. deficiency in service of the Opposite Parties.

 However, to avoid such controversy and further complication the O.P No.1 is directed to realize the due amount if any, from the Complainant and after that O.P No.1 is further directed to issue “no dues certificate” and to close the loan account in favour of the Complainant. 

With the above direction the complaint case stands disposed of without any order as to cost.