Delhi

New Delhi

CC/590/2013

Dr. Manoj Kumar Panigrahi & Anr - Complainant(s)

Versus

M/S. State Bank of India - Opp.Party(s)

16 Jan 2020

ORDER

 

 

                                CONSUMER DISPUTES REDRESSAL FORUM-VI

                         (DISTT. NEW DELHI),

      ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

    NEW DELHI-110001

 

 

Case No.C.C./590/2013                                                           Dated:

 

              In the matter of:

1.       Dr.  Manoj Kumar Panigrahi

S/o Late Sh. Guru Nath Prasad, Panigrahi

 

2.        Dr. Meenakshi Panda

W/o Dr. Manoj Kumar Panigrahi

Both R/o 193, Akash Darshan

Apartments, Mayaur Vihar,

Phase-I, Delhi-110091                                                                                           .…… Complainants

Versus

 

1. State Bank of India

Personal Banking Branch

11, Parliament Street,

New Delhi-110001.

 

2. SBI Life Insurance Co. Ltd.

112, Dayanand Road,

Opp. Golcha Cinema, Second Floor,

Daryaganj, Delhi-110002.                                                                                                  …….Opposite Parties

 

 

 

MEMBER – H.M. VYAS

ORDER

 

The brief facts of the complaint are that the complainants took housing loan of Rs. 01,26,486/- from OP-1 and the same was also insured. The complainant prepaid the loan amount and foreclosed the account in September,2012, though it was for 20 years. The said housing loan was insured for which the OP charged the premium of Rs. 1021/- per month. It is stated that after payment of loan and closing of the housing loan account the complainant contacted OP-1 for release of original documents. At that time it was informed to the complainant that the clearance from the SBI Insurance Co. Is necessary. The complainants then contacted the OP-2 and was informed that the housing loan amount was not under the insurance cover.

 

Both the opposite parties after notice filed their respective written statement/version.

 

The OP-1 admitted and stated that the OP-1 was ready to refund the amount of premium paid by complainant towards insurance with interest and the same was also conveyed on 13/01/2013 through email. However, the complainant did not agree to the same. It is stated that there was a bonafide mistake which had occurred  at the end of OP-1 and the complainant is raising astronomical demands by exploiting its bonafide mistake. It is admitted that the complainant paid the premium of insurance, however, the bankers cheque issued in the name of OP-2 was misplaced in transit and, therefore, such situation arose.

OP in its version has stated that as per its record, the complainant were not insured under any group insurance policy against new home loan and accordingly, there was no certificate of insurance issued by OP-2 on the life of the complainant.

It is stated that the OP-2 had issued master policy in the favour of SBI (OP-1) for cover of life concerning existing or new home loan. The OP-2 has not received any membership form or premium to cover the lives of the complainants under any insurance against  the home loan availed from SBI, personal Banking Branch, since there was no insurance cover/policy issued, the OP-2 has no role in the present case.

 

All the parties filed their respective evidence by way of affidavit.

 

We have considered the material placed before us and the submission of the parties.

The undisputed facts are that the complainant opted for life insurance to cover the housing loan for which the OP-1 admittedly received the premium monthly. Despite all this the complainant’s home loan was not covered under any insurance policy as admitted by the OP-1. The OP-1 also agreed to refund the premium amount with interest.

The above facts clear depict the gross negligence and deficiency in service on the part of OP-1 in our considered view  and accordingly, we direct as under:-

1. OP-1 to refund amount of Rs. 94,429/- to the complainant alongwith 9% simple interest from the date of filing of this complaint i.e. 01/07/2013.
2. OP-1 to pay a sum of Rs. 25,000/- for harassment, mental agony pay Rs. 10,000/- as litigation cost.

The order shall be complied within 30 days of the receipt of the copy of this order.

A copy of this order each be sent to each party free of cost by post as statutorily required.

Orders be also sent to www.confonet.nic.in.

File be consigned to record room.

Pronounced in open Forum on16/01/2020.

 

      (ARUN KUMAR ARYA)

      PRESIDENT

         (NIPUR CHANDNA)                                                                         (H M VYAS)

            MEMBER                                                                                      MEMBER