DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 237 of 16.6.2017
Decided on: 02/02/2018
Vikas Shourie son of Late Sh.Pitambar Dutt Shourie, resident of House No.93-A, Street No.4, Old Bishan Nagar, Patiala.
…………...Complainant
Versus
1. Punjab & Sind Bank, Branch Office Gurbax Colony, Near Guru Nanak Nagar, Patiala through its Branch Office.
2. Punjab & Sind Bank,Zonal Office Rajbha Road Near Hira Auto Mobile Patiala through its Zonal Manager.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh. Chamandeep Mittal, Advocate,
counsel for the complainant.
Sh. Manpreet Singh, Advocate, counsel for
Opposite Parties No.1&2.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Vikas Shourie, complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.)
2. The brief facts of the complaint are that the father of the complainant Sh. Pitambar Dutt Shourie was working in Irrigation Department, Patiala and after his death the complainant, complainant’s brother & complainant’s mother Smt. Sunita (now deceased) were his legal heirs. His mother being one of the legal heirs was getting the family pension. It is stated that mother of the complainant had taken a housing loan from OP no.1 against the residential house and was paying the monthly installment from the family pension. His mother, Smt. Sunita died on 1.3.2017. During her life time she orally gave the said residential house to the complainant. After her death complainant approached OP no.1 to enquire about the status of loan of the said house and told the branch manager that his mother was insured with some insurance company at the time of disbursement of housing loan and requested that remaining housing loan amount has to be taken from the insurance company. But OP no.1 did not hear his request and put off the matter on one pretext or the other. He also got served a legal notice dated 23.5.2017 upon the OPs. In reply to the legal notice, the OPs admitted that an insurance policy was made but only subject to the risk cover of standard fire and special perils and addons but subject to without plinth and foundation only. There is thus deficiency of service on the part of the OPs which caused mental agony and physical harassment to the complainant. Hence this complaint with the prayer for a direction to the OPs to clear/adjust the loan installments/loan amount of more than Rs.2lacs; to pay Rs.25000/- as compensation for causing mental agony and physical harassment to the complainant ; to pay Rs.15000/- as costs of the complaint and also to grant any other relief which this Forum may deem fit.
3. On being put to notice, the OPs appered and filed the written version. It is admitted that Smt.Sunita i.e. mothere of the complainant had taken a housing loan of Rs.3,50,000/- from the OPs against residential house which was mortgaged by her by way of equitable mortgage in favour of the bank as security for the repay of the loan amount. The mother of the complainant signed/executed the loan agreement and other required documents by going through the contents of the agreement in favor of OP no.1 and has paid the monthly installments till her death.The Ops have also admitted the receipt of legal notice daed 23.5.2017. It is clarified that since insurance is a product of solicitation as pere the standard guidelines of IRDA, the OPs could not have forced any insurance on the mother of the complainant.There is no deficiency of service on the OPs.After denouncing all other averments made in the complaint, it was prayed to dismiss the complaint.
4. On being called to do so, the ld.counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C5 and closed the evidence.,
The ld.counsel for the OPs has tendered in evidence Ex.OPA affidavit of Sh.Rajendra Singh Rathore, Branch Manager of OP alongwith documents Exs.OP1&OP2 and closed the evidence.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. The plea of the complainant is that at the time of taking the housing loan, her mother late Smt. Sunita, had taken a insurance policy for her life. As per the policy, in case of any eventuality, the loan was to be paid by the Insurance company. Whereas, the stand of the OPs is that at the time of taking the loan, the deceased mother of the complainant had taken a Standard Fire & Special Perils and Addons with Add on Covers of Earthquake without Plinth and Foundation only but not a insurance policy for her life, as alleged by the complainant.
From the perusal of the policy schedule Ex.OP-1, it is evident that Smt. Sunita Shourie (now deceased) had taken a Standard Fire & Special Perils covering the risk of Standard fire and Special Perils and also covering the risk of Earthquake without Plinth and Foundation from the Bajaj Alliance for the period from 16/5/2016 to 15/5/2017. The complainant has not placed on record any document to establish that the mother of the complainant had taken an insurance policy for her life or any other policy under which the insurance company can be said to be liable to pay the loan in case of her death. Thus, in the absence of any cogent and convincing evidence, we do not find any substance in the plea of the complainant that at the time of taking the loan, his deceased mother had taken an insurance policy for her life under which the insurance company was to pay the loan amount after her death.
In view of the aforesaid discussion, we do not find any merit in the complaint filed by the complainant, consequently, we dismiss the same without any order as to costs. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter, the file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 02/02/2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
