Dtd.28.05.2024                                            A/741/2023

O R D E R

           BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by Complainant/Appellant aggrieved by the order dtd.27.03.2023 passed in CC/258/2022 on the file of 1^st Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard. It is to be noted herein that, OPs were placed exparte and even in this appeal though they put their appearance through learned counsels have failed to participate actively for the reasons best known to them.  

3. Learned counsel for Appellant submits that the District Commission even without examining the materials placed on record wrongly arrived at a conclusion that Complainant has not produced the life insurance policy and not produced the reason of death of her husband. Accordingly proceed to dismiss the complaint.

4. Let us examine the documents placed before the District Commission along with affidavit evidence marked as Ex-P1 to P12, they are copy of Aadhar card, wherein found name of the Complainant. She was born on 27.11.1989. Sri.Manu.B.N is none other her husband and in Ex-P2/Aadhar card, we found his date of birth is 25.03.1986. Thus these documents would go to show that Sri.Manu.B.N and Smt.Archana.N are young couple of whom Sri.Manu.B.N  availed loan from OPs which could be borne from Ex-P3 to P10 of which learned counsel emphasis Ex-P3/home loan offer dtd.26.09.2019, wherein found Loan amount: BT - 32 lakhs, Existing bank top up – 8 lakhs, Fresh top up – 1,75,000/-, Loan tenure – BT – 240 months, Existing top up – 240 months, Top up – 240 months and we could also found Life insurance assist – 1,75,000/- and this offer of loan came to be accepted by Sri.Manu on 27.09.2019 and in Ex-P4 OPs have addressed welcome letter on 10.10.2019 informing loan details that Disbursal date: 30.09.2019, First EMI date commencing from 02.11.2019 and on 14.10.2019 OPs informed Sri.Manu as to the details of loan of Rs.1,75,000/- paid towards insurance policy in order to cover credit based life insurance, yet the District Commission wrongly held the Complainant has failed to produce life insurance policy. In other words, the District Commission committed grave error in dismissing the complaint for not producing the copy of the policy. Hence proceed to allow the appeal. Consequently set aside the order dtd.27.03.2023 passed in CC/258/2022 with a direction to readmit the complaint and decide appreciating all the materials placed on record afresh affording opportunity to both parties as early as possible not later than three months from the date of receipt of this order.

5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*