SURESH KUMAR Vs. SBI LIFE INSURANCE CO LTD
LAWS(NCD)-2021-2-27
NCDRC
Decided on February 02,2021

SURESH KUMAR Appellant
VERSUS
Sbi Life Insurance Co Ltd Respondents

JUDGEMENT

C Viswanath,J. - (1.) The present Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short "the Act") has been filed by the Petitioner against the order dated 09.07.2014 of the State Consumer Disputes Redressal Commission, UT, Chandigarh (for short "the State Commission") in First Appeal Nos.183/2014, 185/2014 and 187/2014.
(2.) Alongwith the Revision Petition, IA/8866/2014, an application for condonation of delay of 58 days has also been filed by the Petitioner. In view of the fact that the delay is not very large, in the interests of justice, IA/8866/2014 is allowed and delay condoned.
(3.) Case of the Complainant is that on 16.12.2010 the Petitioner/Complainant obtained housing loan of Rs.20 lakhs from Opposite Party No.1/Respondent No.2 State Bank of India. Instalment of the house loan were payable from his salary account with the SBI. On 23.02.2011, the Chief Manager, State Bank of India wrote a letter to the Complainant to attend a seminar, organized by Respondent No.2 Bank, in response to which Complainant attended the seminar. It was alleged that the Bank Manager got certain papers and cheques signed by the Petitioner/Complainant. In March, 2011, Respondent No.2 Bank opened another loan account No.31658807379 in the name of the Petitioner for Rs.2,18,300 and paid the entire amount to SBI Life Insurance Co. Ltd./Respondent No.1, without his consent. The Petitioner came to know of the said Insurance Policy in August, 2011 on receipt of a letter from Respondent No.2 about the outstanding loan amount. When the Petitioner approached Respondent No.2 for closing of the second loan account of Rs.2,18,300/-, he was told that action would be taken only after closing the SBI Life Insurance Policy. Though he applied for closure of SBI Life Insurance Policy, but the Policy was not closed. The Petitioner obtained information under RTI that SBI Life Insurance had refunded a sum of Rs.79,865/-, but no reply was given regarding forfeiting/non-refunding the balance account of Rs.1,38,435/-. Petitioner sent a legal notice to the Respondents/Opposite Parties, which was replied only by Respondent No.1/SBI Life Insurance stating that they had done the Insurance on the request of SBI, Rampur Branch, which is the Master Policy holder. Petitioner stated that he was not aware of this fact nor had opened any account with the said branch. Respondents did not refund the amount of Rs.1,38,435 and Rs.28,816/- was further deducted by them from his account. Claiming deficiency in service and unfair trade practice on the part of the Opposite Parties, the Petitioner/Complainant filed a Consumer Complaint in the District Forum with following prayer: - "It is, therefore, respectfully prayed that opposite parties be directed to pay: 1.Rs.1,38,435/- withheld by the SBI Life Insurance. 2.Rs.28,816/- illegally deducted and close A/c No.31658807379. 3.Rs.50,000/- for mental harassment and amount spent on medical treatment compensation. 4. Rs.11,000/- as cost of litigation. 5.Any other amount to which the Complainant is found entitled." ;


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