Ld. Advocate(s)
For Complainant: Makbul Rahaman
For OP/OPs : None
Date of filing of the case :09.11.2023
Date of Disposal of the case :24.04.2024
Final Order / Judgment dtd.24.04.2024
Pith and substance of the case of the complainant is that the complainant’s husband namely Abul Kashem Mondal took a loan from OP NO.4 Vedika Credit Capital Limited for Rs.5,00,000/- against his property which is covered with Life Insurance Premium at a premium of Rs.11,104/- and General Insurance Premium of Rs.2,342/- by submitting the original Registered Deed no.1151 of 2007. The complainant is the co-applicant of the said loan. The OPs, IDFC First Bank Limited, Vedika Credit Capital Limited received the premium of the Life Insurance and General Insurance for Rs.13,446/- but the OP Bank did not give any policy bond to the complainant. The term of the said loan is 60 months in EMI of Rs.14,971/-. The husband of the complainant paid EMI through the agent of OP No.4 bank. The husband of the complainant died on 19.11.2021. The complainant informed the death of her husband to the agent of the said bank OP No.4 and wanted to get the insurance claim but the OP No.4 did not give any information regarding the same. The agent of OP No.4 collected the death certificate of Abul Kashem Mondal with some other documents from the complainant and requested to sign on some papers . The complainant in good faith signed the said documents and handed over the certificate of her husband with other documents to the agent. Subsequently, the complainant communicated to the agent of OP No.4 bank with a request to settle her loan account and also requested to return the insurance claim amount after deducting the loan amount according to date of death and the original deed being no. 1151 of 2007. Thereafter, the complainant requested to the agent several times but he did not respond. Subsequently, the complainant sent an advocate’s letter on 09.10.2023 which he received on 12.10.2023 and 16.10.2023. The cause of action for this case arose on and from 19.11.2021. The OPs bound to pay the insurance amount of Rs.5,00,000/- after deducting the loan amount on the basis of the death of her husband and return the original deed. The OPs are liable to pay the compensation to the complainant for Rs.4,00,000/- towards deficiency in service, harassment , mental pain and agony. The complainant prayed for an award for Rs.5,00,000/- after deducting the loan amount, return the original deed and Rs.4,00,000/- towards harassment , mental pain and agony and the litigation cost.
The OP No.1,2,3&4 received the notice but preferred not to contest the case and as such the case is heard ex-parte. The complainant in order to substantiate the case adduced oral evidence in the form of affidavit in chief and documentary evidence.
The complainant proved the following documents.
Annexure-A is the loan sanction letter dated 27.07.2019.
Annexure-B is the Xerox copy of list of original documents received.
Annexure-C is the copy of death certificate.
Annexure-D is the Advocate’s letter dated 09.10.2023.
The complainant also filed copy of postal receipt , voter identity card and aadhar card.
The documents filed by the complainant discloses that her husband Abul Kashem Mondal along with his wife Habila Khatun Mondal took the loan of Rs.5,00,000/- and the said loan is covered with Life Insurance Premium. The rate of premium is Rs.11,104/- and General Insurance is Rs.2,342/- total Rs.13,446/-. Tenure of EMI is 60 months .
The death certificate of Abul Kashem Mondal discloses that the loanee died on 19.11.2021. The complainant by filing evidence on affidavit categorically stated that he informed the death of her husband to the agent of the bank OP NO.4 with a request to settle the loan after deducting the insurance amount. But the OP Bank did not respond to the request of the complainant. So, the complainant sent a letter of Advocate on 09.10.2023. Due to failure to respond to the claim of the complainant the cause of action for the present case arose on 19.11.2021. The present case is filed on 09.11.2023 which is well within the limitation period .
The entire oral and documentary evidence of the complainant stands unchallenged and undiscarded since the OPs preferred not to contest the case and as such it is heard ex-parte against all the OPs .
Thus having assessed the entire unchallenged oral and documentary evidence of the complainant it is well established that the complainant successfully proved the case against the OPs upto the hilt. Therefore, the complainant is entitled to get the relief prayed for ex-parte against the OPs.
In the result the complaint case succeeds ex-parte against the OPs with cost.
Hence,
It is
Ordered
that the complaint case no.CC/112/2023 be and the same is allowed ex-parte against all the OPs with cost of Rs.10,000/- (Rupees ten thousand). The complainant Abul Kashem Mondal do get an award ex-parte against all the OPs towards insurance policy for Rs.5,00,000/- (Rupees five lakh) with interest @12% p.a with further direction to return the original Deed being no.1151 of 2007, Rs.2,00,000/- (Rupees two lakhs) towards harassment and mental pain and agony and Rs.10,000/- (Rupees ten thousand) towards litigation cost. The OP No.1,2,3&4 are directed to pay Rs.7,10,000/- (Rupees seven lakh ten thousand) to the complainant within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @8% p.a from the date of passing the final order till the date of its realisation.
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
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MEMBER
( SHRI NIROD BARAN ROY CHOWDHURY)
