In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF / Unit-I / Case No. 164 / 2011.
1) Smt. Aparna Sen,
15/C, Bose Para Road, Barisha, Kolkata-700008. ---------- Complainant
---Versus---
1) The Assistant General Manager, State Bank of India,
Retail Assets Central Processing Centre, Kolkata,
Jeevan Deep Building, 1, Middleton Street, Kolkata-700071.
2) The Branch Manager, State Bank of India,
Sakher Bazar Branch, Barisha, Kolkata-700008. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 16 Dated 31/07/2012.
The instant case has been filed by the complainant with an allegation of deficiency in service against the ops.
In a nut-shell, the case of the complainant is that the deceased husband of the complainant availed of housing loan with HDFC Bank for constructing a house which was transferred to o.p.2 with all liabilities on consideration of facts that the transferred loan amount to Rs.3,57,,000/- would be covered with the risk under SBI Life Insurance Plan and EMIs of this loan were paid regularly as per agreement by deceased husband of the complainant till his death on 28.01.2010. and he was never defaulter. All papers in original in connection with transferred loan house and insurance are kept with the o.p.2.Thereafter, complainant being a helpless widow, with a minor child approached the ops with documents requesting them to take necessary action towards adjustment of loan amount in connection with Life Insurance Policy as stated above and handing over the original document in respect of the house in question lying with them but to her surprise the ops., especially o.p.2 refused to return such documents to her on the plea that documents of Life Insurance Policy were not duly executed. Moreover, the ops never replied to the letters of the complainant for redressal of her aforesaid dispute. It is also the case of the complainant that the loan sanctioned to Late Rajen Sen was inclusive of risk coverage under SBI Life Insurance Policy. It is clearly mentioned at clause 9 of loan sanction letter issued to the borrower that “the advance will be cove red by SBI Life Suraksha Group Insurance Scheme” and “the premium with Service-Tax of 12.24% will be Rs.41117/-“ which was duly signed by the Chief Manager (Maintenance) of RACPC, Kolkata of SBI and borrower on 16.07.07. After repeated requests of the complainant ops did not adjust loan amount with insurance and refused to hand over documents in original relating to house and insurance to the complainant. Therefore, the complainant has no alternative but to appear before this Forum seeking for relief.
OPs have entered their appearance in this case by filing w/v. and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons :-
We have gone through the pleadings of the parties, evidence and documents in particular. It is an admitted position that the husband of the complainant, since deceased, took housing loan of Rs.3,57,000/- from HDFC Bank and the said loan also carried insurance coverage under SBI Life Insurance Plan and EMI for the said loan was fixed @ Rs.4988/- and it is further admitted position that as is apparent from the materials on record available that the husband of the complainant, since deceased, was never a defaulter and as such, we are of the view that the complainant being the legal heir is entitled to get relief as prayed for and complainant should be allowed to adjust outstanding loan amount and insurance coverage and we are further of the views that non entertainment of adjustment of loan amount by o.ps. amounts to gross deficiency in service being a service provider to its consumer / complainant and for this act of negligence complainant had to suffer irreparable loss and mental agonies.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to adjust the outstanding loan amount in respect of Late Rajen Sen i.e. deceased husband of the complainant with the insurance company and are further directed to hand over all papers relating to the said loan account and to issue ‘no due certificate’ in favour of the complainant and are further directed to pay the complainant compensation of Rs.1,50,000/- (Rupees one lakhs fifty thousand) only for her harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of the order to the parties.
