Decided on July 09,2014

Suresh Kumar And Ors Respondents


- (1.)THIS order shall dispose of three First Appeals bearing Nos.183/2014 filed by Opposite Party No.3, 185/2014 filed by the complainant and 187/2014 filed by Opposite Parties No.1, 2, 4 & 5, against the order dated 11.04.2014, rendered by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it allowed Consumer Complaint No.117 of 2013, filed by complainant, qua the Opposite Parties, and directed them as under: -
"13] Keeping in view the above detailed discussion, pleadings of the parties as well as relevant documents enclosed, we are of the opinion that the present complaint has merit in favour of the complainant. So, the complaint is allowed. The OPs are jointly and severally directed as under: -

I] to refund a sum of Rs.138435/ - being the balance amount retained by OP -3 after the surrender of the policy.

II] to pay Rs.20,000/ - as compensation for mental harassment, pain and agony suffered by the complainant due to the deficiency in service.

III] to pay Rs.10,000/ - as litigation costs.

This order be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay interest @12% on the awarded amount from the date of filing of the complaint i.e. 26.02.2013 till its realization, besides costs of litigation."

(2.)THE facts, in brief, are that the complainant got housing loan of Rs.20.00 lacs, from Opposite Party No.1, i.e. State Bank of India on 16.12.2010 and monthly installments were recoverable from his salary account No.10286096712 with SBI, Sector 22, Chandigarh (Annexure C -1). It was stated that the housing loan account number was 31538609181. It was further stated that the house was got insured from SBI General Insurance Company Ltd. on 27.4.2011 vide Policy No.1913 -0000 -00 and the total premium of Rs.10,324/ -was paid and the Policy bond (Annexure C -2) was issued. It was further stated that the complainant, in response to the letter dated 23.2.2011 (Annexure C -3), attended a seminar organized by the Bank, where the Chief Manager of the Bank got certain papers and cheques signed from him. It was further stated that in March, 2011, SBI opened another loan account No.31658807379 of the complainant for Rs.2,18,300/ - and paid this entire amount, without his consent, to Opposite Party No.3 i.e. SBI Life Insurance, Chandigarh. It was further stated that neither any Policy bond nor any certificate of Insurance was issued to the complainant. It was further stated that the complainant came to know about the said Insurance and new loan in August, 2011 on receipt of letter dated 12.08.2011 (Annexure C -4) from the Bank about the outstanding loan amount.
(3.)IT was further stated that on visiting SBI office, the complainant was told that the loan account would be closed only after closing the SBI Life Insurance Policy. It was further stated that on the asking of the Chief Manager of the Bank, the complainant gave letter on 19.8.2011 (Annexure C -5) and also wrote to Opposite Party No.3 - SBI Life Insurance Company to close the Policy, but it (Policy) was not closed despite making request within the stipulated period of 10 days. It was further stated that, ultimately, the complainant, in RTI application, was informed that SBI Life Insurance had refunded a sum of Rs.79,865/ - (Annexure C -10), but the reasons for forfeiting and non -refunding the balance amount of Rs.1,38,435/ - were not explained. It was further stated that Opposite Party No.1 deducted Rs.28,816/ - from his account and paid the same into SBI Life Insurance Loan Account, which was illegally opened without his consent. It was further stated that, as such, the complainant further suffered a loss of Rs.28,816/ - (Annexure C -11) on account of unfair trade practice.
It was further stated that a legal notice (Annexure C -13) was sent to Opposite Parties No.1, 2, 3 and 5 through registered post on 22.1.2013, vide postal receipt (Annexure C -14). It was further stated that the legal notice was replied to only by Opposite Party No.3 i.e. SBI Life Insurance vide letter dated 29.01.2013 (Annexure C -15), wherein it was stated that they had done the Insurance on the asking of SBI, Rampur Branch, which they had made as Master Policy Holder, whereas, the complainant was unaware of this fact, as he had neither opened any account with the said SBI Branch nor even visited it. It was further stated that the complainant never received any Policy bond or Certificate of Insurance or First Premium Receipt from SBI Life Insurance or any of the Opposite Parties. It was further stated that still the Opposite Parties did not refund Rs.1,38,435/ - and Rs.28,816/ - illegally deducted and retained by them against newly opened loan account.

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