DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/22/2024
Date of Institution: 05.03.2024
Date of Decision: 17.07.2024
Deepak Kumar aged about 40 years son of Tulsi Ram resident of House no.B-4/764, Janda Wala Road Radha Swami Wali Gali, Barnala- Barnala being Legal Representative/Son of deceased Poonam wife of Tulsi Ram son of Sarwan Ram resident of House no.B-4/764, Janda Wala Road Radha Swami Wali Gali, Barnala- Barnala.
Versus
…Complainant
1. Satin Creditcare Network Limited (SCNL), Office; Plot No.492, Udhyog vihar, Phase-III, Gurugram, Haryana-122016, through its Manager/ Authorized Signatory;
2. Satin Creditcare Network Limited (SCNL) Office, Near Taraksheel Chownk, Street No.12,Barnala,Barnala, through its Managing Director/Authorized Signatory;
3. Insurance company and name of the insurance company is to be disclose by the Op No.1 and Op no.2, through its Branch Manager/Authorized Signatory;
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Gagandeep Garg Adv counsel for complainant.
Opposite parties No. 1 & 2 exparte.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Satin Creditcare Network Limited (SCNL), Office; Plot No.492, Udhyog vihar, Phase-III, Gurugram, Haryana-122016, through its Manager/ Authorized Signatory & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant is permanent resident of Barnala and he is lay man having not very much knowledge of the technicalities of the finance companies and insurance companies. It is alleged that opposite party No. 1 is the Head office of the opposite party No. 2 and the opposite party No. 2 is the branch office of the insurance company and both the opposite parties are doing business of finance. It is further alleged that the opposite parties No. 1 & 2 has a tie up with the opposite party No. 3 to do the insurance of the account holders. It is alleged that in the month of November 2022 mother of the complainant namely Poonam wife of Tulsi Ram went for loan of Rs.35,000/- with opposite party No. 2 and the officials of opposite party No. 2 agreed to provide loan of Rs. 35,000/- to mother of the complainant and after completion of certain formalities opposite party No. 2 provided the above said loan of Rs.35,000/- vide loan ID Number 8011476213, membership ID 5750667 and the said loan is to be return in 24 equal installments and also insured the mother of complainant for ailments and death for a sum of Rs.35,000/- vide policy bearing No.IGL_B_IC-24.75-35000 with opposite party No. 3 for securing the loan and also deducted the amount of Rs.1400/- for the said insurance. It is further alleged that in the above said loan account complainant was appointed as nominee because father of the complainant has already died. The mother of the complainant paid the installments on fixed dates during her lifetime and on 10.12.2023 mother of the complainant died her natural death. Thereafter, the complainant continued to pay the remaining installments on already fixed dates and also approached to pay the insurance amount of Rs. 35,000/- death claim of his mother and complainant being nominee and legal representative requested to provide the insurance policy and other details of insurance company to lodge the claim amount of insurance which the opposite parties have not provided. It is further alleged that opposite parties No. 1 & 2 lingered the matter on one pretext or the other and flatly refused to accept the genuine request of the complainant. As such, all the facts stated above are clearly shows that there is deficiency in service on the part of opposite parties. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite parties may kindly be directed to pay the genuine claim of the complainant of Rs. 35,000/- alongwith interest @ 18% from the date of death i.e. 10.12.2023 till realization.
- To pay Rs. 50,000/- as compensation for causing physical and mental harassment.
- Further, to pay Rs. 15,000/- as litigation expenses.
3. The opposite parties No. 1 & 2 were proceeded against exparte vide order dated 10.4.2024 due to non appearance.
4. The complainant tendered into exparte evidence affidavit of complainant as Ex.C-1, copy of death certificate of Poonam Ex.C-3, copy of death certificate of Tulsi Ram Ex.C-4, copy of adhaar card Ex.C-5 and closed the evidence.
5. We have heard the learned counsel for the complainant and have gone through the record on the file. Written arguments filed by the complainant.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of loan card Ex.C-2 which shows the loan ID Number 8011476213 and membership ID 5750667 and the name of the complainant Deepak Kumar mentioned as nominee of deceased Poonam. In Ex.C-2 it is further mentioned the premium amount of Rs. 1400/- and the sum assured mentioned as Rs. 35,000/-. The complainant also placed on record of copy of death certificate of Poonam Ex.C-3 which shows date of death of Poonam as 10.12.2023. The complainant further placed on record death certificate of Tulsi Ram Ex.C-4 and the date of death of Tulsi Ram mentioned as 18.4.2023. The complainant also placed on record his copy of Adhaar Card Ex.C-5.
7. So, from the perusal of the evidence produced by the complainant it is established that deceased Poonam mother of complainant had obtained a loan of Rs. 35,000/- from the opposite parties which was to be returned in 24 equal installments and the mother of the complainant was insured for a sum assured of Rs. 35,000/- in case of ailments and death and this fact is proved from Ex.C-2. It is also proved that to insure the mother of the complainant Poonam an amount of Rs. 1400/- was deducted for the said insurance which also proves from Ex.C-2. Further, the death certificate of mother of complainant Poonam is also placed on record as Ex.C-3. The complainant also produced the installment sheet (printed in the back side of Ex.C-2) vide which it established that after the death of his mother he has deposited the remaining installments, despite that the loan was secured. Ld. Counsel for the complainant argued that despite the repeated requests of the complainant the opposite parties have failed to pay the above said claim amount to the complainant and lingering on the matter on one pretext or the other and flatly refused to accept the genuine request of the complainant and refused to pay the genuine claim of the complainant and also failed to provide the details of the insurance the reasons best known to them and this is clear-cut deficiency in service and unfair trade practice on the part of the opposite parties.
8. On the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice.
9. Therefore, the present complaint is partly allowed and the opposite parties are directed to pay an amount of Rs. 35,000/- (as mentioned in Ex.C-2) alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization to the complainant. The opposite parties are further directed to pay Rs. 5,000/- on the account of mental agony and harassment and Rs. 5,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
17th Day of July, 2024
(Ashish Kumar Grover)
President
(Navdeep Kumar Garg)
Member
