A.K.ANNAMALAI, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant filed a complaint against the opposite parties claiming for the relief of payment of insurance policy amount towards the settlement of housing loan due to the death of her husband for Rs.7,21,135/- and Rs.1,00,000/- towards deficiency of service and for costs.
(3.) The brief details of the complaint are as follows :- The complainant?s husband availed a housing loan of Rs.7,60,300/- from the 2nd opposite party by depositing the title deed on 12.5.03 to be payable in 20 years with EMI for Rs.6,500/- and the loan was insured with the 1st opposite party under SBI Life Super Suraksha for which a sum of Rs.10,238/- was paid as premium and thereby 1st opposite party indemnify the loan to the 2nd opposite party and subsequently the complainant?s husband paid 3 instalments of loan amount and died on 11.11.03 leaving behind the complainant as a nominee of the insurance amount. As per terms and conditions of opposite parties in the event of death the 1st opposite party will pay the entire loan amount to the 2nd opposite party. The complainant?s husband acted in good faith upon the words of the opposite parties and in spite of repeated demands and requests opposite parties 1 and 2 have not taken any steps to waive the loan and to clear the loan amount to save the complainant from the debts. But suddenly 2nd opposite party taken coersive steps to collect the loan amount and thereby the complainant deposited more than Rs.7,21,135/- on various instalments and the complainant sent the claim form along with request letter for the payment of insurance through the 2nd opposite party and in the meanwhile the 2nd opposite party insisted to close the loan account since the valid policy is in force on the death of her husband but ended in vain. No reply for repudiation was given and on 26.3.05 2nd opposite party came forward to giving a loan of Rs.60,000/- and the same was taken for previous loan account. This will show the loan transaction is an unfair trade practice and made the complainant to be more debted. The complainant moved before legal aid authorities and no proper response was made from opposite parties and she was informed orally by the 1st opposite party when approached that her claim was repudiated without getting an expert service from the panel of doctors they have repudiated the claim and if there is any defect in the declaration or regarding the fitness is suppressed they are estopped to do so and no one can escape from their own wrong. The opposite parties still insisting Rs.3,27,939/- to be paid towards the loan account since the insurance claim was repudiated. Hence on 6.9.07 complainant issued a legal notice to the opposite parties claiming return of original documents and compensation of Rs.1,00,000/- and for the loan amount paid. After issuing notice 1st opposite party replied on 6.9.2007 after 47 months stating that the claim was repudiated. Hence the complainant filed this complaint seeking the relief as stated above.;