Date of filing:- 18/02/2020.
Date of Order:-18/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 22 of 2020.
Sri Pratyush Bag S/o Late Ananda Bag, aged about 27(twenty seven) years, Occupation- Cultivation, resident of village -Ainlapali, Po-Tabada, Ps. Sohella, Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
- Hinduja Leyland Finance represented through its Branch Manager, office situated At-Super Market Complex (Shop No. 204), Po/Ps- Bargarh, Dist. Bargarh.
- Bharti AXA Life Insurance Company Ltd., represented through its Branch Manager, situated at-385/463, 1st floor Opposite Oriya Bapist Church, Beside Samson Mansion, Po. Sambalpur, Dist. Sambalpur.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri P.Pruseth, Advocate with associates.
For the Opposite Party No.1(one) :- Sri A.K.Sahoo, Advocate with associates.
For the Opposite Party No.2(two) :- Ex-parte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/03/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the father of the Complainant for earning his daily livelihood by way of self employment had taken a loan of Rs.1,75,000/-(Rupees one lakh seventy five thousand)only from the Opposite Party No.1(one) for vehicle bearing Regd. No. OD-17-E-7637 in the month of February-2015. At that time the father of the Complainant was insured with the Opposite Party No.2(two) for a period of three year. In the said insurance the name of Bikal Bag (Grandfather of the present Complainant) was mentioned as a nominee who died since long. The father of the Complainant was paying his loan regularly but on Dt. 15-12-2016, the father of the Complainant died. After the death of Complainant's father the Complainant went to the Opposite Party No.1(one) and submitted all the documents for taking the benefits which is given to the beneficiary. The Opposite Party No.1(one) has to adjust the outstanding loan amount in the loan account of the deceased, if any the rest amount will be released in favour of the Complainant and for the said reason the Complainant has deposited all the documents to Opposite Party No.2(two). The Opposite Party No.1(one) assured to settle the dispute but instead of settling the matter the Opposite Party No.1(one) threatened to take possession of the vehicle. Being aggrieved by the act of the Opposite Parties this complaint is filed by the Complainant before this Commission praying that the Opposite Party No.1(one) be directed to adjust the outstanding amount if any lying in the loan account of the deceased from the Opposite Party No.2(two) and to close the loan account and handed over No Dues Certificate to the Complainant and the excess of death benefit over the outstanding loan if any, will be released in favour of the Complainant.
2) The case of the Opposite Party No.1(one) is that Opposite Party No.1(one) has appeared but did not file any version, hence Opposite Party No.1(one) is set ex-parte.
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) did not appear before this Commission. Hence, Opposite Party No.2(two) is set ex-parte.
4) Perused the documents filed by the Parties and following issues are framed:-
Issues
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
5) The Complainant's late father has taken a loan from the Opposite Party No.1(one) for the vehicle bearing Regd. No. OD-17-E-7637. The Complainant's father died on 05-12-2016, the nominee at the time was Bikal Bag (grandfather of Complainant who died on 03-01-2017 at the time of finance the said vehicle was insured with Opposite Party No.2(two). The Complainant's father had paid premium of Rs. 1,146.35/-(Rupees one thousand one hundred forty six and thirty five paise)only to avail the insurance scheme i.e. Jeevan Surakhya Ka Naya Nazariya. According to the terms and conditions of the policy.
Claim procedure
6) Claim cheque for the death benefit to the extent available to settle the outstanding loan, would be drawn in favour of “Name of the Deceased Life Insured Policyholder Loan Ref No.” This amount will be applied towards settling the outstanding loan of the deceased member cheque in respect of excess amount (excess of death benefit over the outstanding loan) if any will be issued in favour of the “Beneficiary”.
It stands proved on record that the Complainant's father was insured with Opposite Party No.2(two) and after the death of the Complainant's father the Complainant as “Beneficiary” is entitled to get the benefits but the Opposite Parties did not settle the dispute after being communicated by the Complainant.
The account statement filed by the Complainant reveals that the aforesaid vehicle was being financed by Opposite Party No.1(one) the finance amount being Rs. 1,75,000/-(Rupees one lakh seventy five thousand)only out of the finance amount Rs. 1,30,155/-(Rupees one lakh thirty thousand one hundred fifty five)only till dt. 07-11-2015 has been paid to the Opposite Party No.1(one). It is the duty of Opposite Parties to settle the claim, when the Complainant has communicated to settle by applying on Dt. 31-01-2017 but the Opposite Parties did not tried to settle the claim by adjusting the outstanding loan amount and providing NOC as well as excess amount if any to be deposited in the account of beneficiary. It is the duty of Opposite Parties to settle the claim but the Opposite Parties remained silent silent which amounts to deficiency in service on the part of the Opposite Parties.
Issue is answered accordingly.
Issue No.2
6) As discussed supra, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The Complaint is allowed ex-parte against the Opposite Party No.1(one) and Opposite Party No.2(two). The Opposite Party No.2(two) is directed to adjust the outstanding loan amount till Dt. 31-01-2017 in the loan account of the Complainant's father and to deposit any excess amount in the account of Complainant and Opposite Party No.1(one) is directed to provide NOC to the Complainant. The Opposite Parties are jointly and severally are further directed to pay Rs. 30,000/-(Rupees thirty lakh)only for mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation cost to the Complainant. All the order should be complied with thirty days of this order, failing which the entire order shall carry 12%(twelve percent) interest per annum till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.18/03/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
