C.C. No.118/2022

Benguli Samal,

W/o. Late Gagan Bihari Samal,

At- Santara,

P.O./P.S.- Kujanga,

Dist.- Jagatsinghpur.………Complainant​

1. Branch Manager,

HDB Financial Services Ltd.

Unit-24, Ward No.26, 2^nd Floor,

K.B. Complex, Station Road,

College Square, Cuttack- 753003.

2. Branch Manager,

HDB Financial Services Ltd.

358/3478, Ground Floor,

Jayadev Vihar Road, Jayadev Vihar,

Bhubaneswar- 751013.

(Near Biju Pattnaik College).

3. Managing Director,

HDB Financial Services Ltd.

Regd. Office at Radhika,

Navarangpura, Ahemadabad,

Gujarat- 380009.

4. Branch Manager,

HDFC Life Insurance Company Ltd.

Janapath Rd, Nr Pantaloon Show Room,

Saheed Nagar, Bhubaneswar- 751007.

5. Branch Manager,

HDFC Life Insurance Company Ltd.

SN 1, 1^st Floor, Mahavir Cplx,

IFFCO Sq, Ashirwad Nagar,

Paradeep, Jagatsinghpur.

6. RTO, Chandikhol,

Chandikhol Chhack, Khosalapur,

Odisha- 755044.…..… Opposite parties

For Complainant………..Mr. S.K. Naik & Associates

O.P. No.1 to 3………..Ex-parte

For O.P. No.4 & 5………..Mr. C. Patra & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                         JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties No.1 to 3 not to repossess the vehicle bearing No.OD-04-B-2463 belong to the complainant and opposite parties No.4 & 5 to make good the loss by covering the outstanding finance amount, hence not putting the burden of repayment on the complainant and his family and to pay compensation of Rs.5,00,000/- towards mental agony and cost of litigation”.

            Notices to opposite parties were sent by Regd. Post on 25.5.2022 but opposite parties No.1 to 3 (Financer) did not appear and were set ex-parte on 26.10.2022. Opposite parties No.4 & 5 are HDFC Life Insurance who had insured the loan of the complainant’s husband have filed their written version stating that “the husband of the complainant is a beneficiary member under a policy know as HDFC Life Group Credit Protect Plus Insurance Plan and the master policy holder is HDB Financial Services Ltd. this policy was done on 01.3.2019 for protection of loan as a security for the finance amount and the initial sum assured amount under the policy is Rs.8,00,000/- and subsequently sum assured payable was under reducing payout mode and single premium payable amount was Rs.35,588/- and policy term was for 36 months and in case if death of the life assured the entire death sum assured amount is payable to the HDB Financial Services Ltd. as against the loan outstanding and as per the agreement of the loan and conditions as mentioned thereof. The complainant who is the nominee under the said policy and is also the wife of the deceased policy holder has intimated the company about the death of the deceased life assured vide death claim intimation letter dtd.12.7.2019 thereafter while the insurance company after receiving the intimation of death has caused post verification as per policy bond, sum assured is Rs.8,00,000/- which is reducing, policy terms for 36 months, policy coverage started from 01.3.2019 and will end on 28.02.2022, date of death is 10.11.2021. Hence death happened in 33 months of the policy. Therefore as per policy terms mentioned in policy terms mentioned in policy bond the payable amount is Rs.1,09,721.77”. Claim of complainant’s husband has been settled and Rs.1,09,721/- has been paid to the financer who is the real owner. 

            Since the husband was insured and the claim has been settled the opposite parties i.e. opposite parties No.1 to 3 shall not claim any amount from complainant and the vehicle shall be transferred to the name of legal heir. The opposite parties No.1 to 3 are directed to issue NOC in favour of the legal heir(s) of complainant and on the application made by complainant, the opposite party No.6 (RTO, Chndikhol) shall transfer the ownership in favour of legal heir(s) in accordance with rules. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 2^nd August,2024.