Chandigarh

StateCommission

MA/853/2022

STATE BANK OF INDIA - Complainant(s)

Versus

SURINDER KAUR - Opp.Party(s)

Chandeep Singh Adv.

28 Dec 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

MA. No.	:	853 of 2022 in FA No.107 of 2022
Date of Institution	:	25.11.2022
Date of Decision	:	28.12.2022

 

 

 

 

 

1. State Bank of India, SCO 35, Opposite Verka Milk Booth, Phase-X, S.A.S. Nagar, Mohali 160055.
2. State Bank of India, RACPC, Sector 68, Mohali, Punjab

Appellants no.1 and 2 filing present appeal through Chief Manager, Maintenance, SBI RACPC, Mohali. 

…Applicants/Appelants/opposite parties no.2 and 3

 

V e r s u s

1. Surinder Kaur wife of Late Sh.Jeevan Kumar, aged about 58 years, R/o H.No.344, Phase-4, Mohali, Punjab.

….Respondent No.1/complainant

2. SBI Life Insurance Company Limited, Plot No.144, Industrial Area, Phase-II, Chandigarh 160 002 through its Branch Manager.

….Respondent No.1/opposite party no.1

 

Present:-Sh.Chandeep Singh, Advocate for the applicants.

===============================================================

 

MA. No.	:	851 of 2022 in FA No.104 of 2022
Date of Institution	:	25.11.2022
Date of Decision	:	28.12.2022

 

 

 

SBI Life Insurance Company Limited, Plot No.144, Industrial Area, Phase-II, Chandigarh 160 002 through its Branch Manager.

…Applicant/Appellant/opposite party no.1

 

V e r s u s

1. Surinder Kaur wife of Late Sh.Jeevan Kumar, aged about 58 years, R/o H.No.344, Phase-4, Mohali, Punjab.

….Respondent No.1/complainant

2. State Bank of India, SCO 35, Phase-X, S.A.S. Nagar, Mohali 160055 the Branch Manager.

2^nd Address:-

State Bank of India, SCO No.35, Opposite Verka Milk Booth, Phase X, S.A.S. Nagar, Mohali 160055 through its Branch Manager.

3. State Bank of India, RACPC, SCO 99-107, Sector 8-C, Chandigarh 160052 through its Branch Head.

2^nd Address:-

RACPC, Sector Road, Sector 68, SAS Nagar, Mohali 160052

….Respondents No.2 and 3/OPs No.2 and 3

 

 Present:-Sh.Chandeep Singh, Advocate for the applicant

 

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BEFORE:

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT. MR.RAJESH K. ARYA, MEMBER

  

PER RAJESH K. ARYA, MEMBER

 

                   These applications under Section 50 of the Consumer Protection Act, 2019 (in short the Act, 2019) have been filed by the respective  applicants for review of the common order dated 07.11.2022 passed by this Commission in Appeals bearing no.104 and 107 of 2022, vide which the order dated 17.05.2022 passed by the District Commission-II, U.T., Chandigarh passed by it in consumer complaint bearing no.325 of 2020 was modified as under:-

1. OP No.1-SBI Life Insurance Company Limited shall credit the sum assured amount of Rs.48 lacs in the Home Loan Account No.38291177371  of the complainant as on the date of death of loanee Jeevan Kumar i.e. 18.5.2019 and thereafter work out the balance principal amount in the said Home Loan Account as on 19.5.2019;
2. Opposite parties No.2 and 3-State Bank of India shall deduct entire installments so paid by the complainant upto date in said Home Loan Account No.38291177371 from June, 2019 against the balance principal along with applicable interest arrived at on June, 2019, after deduction of sum assured amount, as directed above, and refund the balance excess amount, if any, to the complainant.
3. Opposite parties No.2 and 3-State Bank of India  shall supply fresh/latest Account Statement to the complainant in respect of Home Loan Account No.38291177371 in question, showing the deduction of sum assured amount, as directed above, as well as balance principal amount along with interest arrived at in the said account as on June, 2019 and installments so paid by complainant upto date as well as refund, if any;
4. Opposite parties no.1 to 3, jointly and severally, shall pay an amount of Rs.One Lakh to the complainant towards compensation for causing her immense mental agony & harassment due to their gross deficient act as well as unfair trade practice resorted to by them, along with litigation expenses of Rs.25,000/-.
5. This order shall be complied with, within a period of 30 days from the date of receipt of copy of this order, failing which the defaulting opposite party(s) shall also be liable to pay additional cost of Rs.50,000/- apart from above respective relief….”

2.           The applicants-State Bank of India and SBI Life Insurance Company Limited are seeking review of the order dated 07.11.2022, on the following grounds:-
   1.  that the loan account is  being maintained with State Bank of India and not with SBI Life Insurance Company  Limited, therefore, balance principal amount, if any, after  calculation can be worked out by State Bank of India only and not by SBI Life Insurance Company Limited;
   2. that since directions have been given in the order impugned to deduct the entire installments so paid by the complainant-Surinder Kaur upto date against the balance principal and interest thereupon and therefore to refund the balance excess amount, if any, to the complainant, as such, the directions with regard to payment of interest on the sum assured amount are also required to be passed;
   3. that since the house loan account was continued and interest thereupon had been applied from 19.05.2019 onwards, as such, directions are also required to passed to SBI Life Insurance Company Limited to pay interest thereupon till realization.

 

3.           After hearing counsel for the applicants in both the applications and on going through the record thereof, we are of the considered opinion that these applications have attracted the provisions of Section 50 of the Act, 2019, which provides this Commission to review any order passed by it and the order dated 17.05.2022 needs modification. Resultantly, these applications stand allowed  and the directions given vide order dated 17.05.2022 stands partly modified as under:-

 

1. OP No.1-SBI Life Insurance Company Limited shall credit the sum assured amount of Rs.48 lacs in the Home Loan Account No.38291177371  of the complainant as on the date of death of loanee Jeevan Kumar i.e. 18.5.2019;
2. Opposite parties No.2 and 3-State Bank of India shall work out the balance principal amount in the said Home Loan Account as on 18.5.2019;
3. Opposite parties No.2 and 3-State Bank of India shall deduct entire installments so paid by the complainant upto date in said Home Loan Account No.38291177371 from 18.05.2019 against the balance principal along with applicable interest arrived as on 18.05.2019, after deduction of sum assured amount, as directed above, and refund the balance excess amount, if any, to the complainant.
4. OP No.1-SBI Life Insurance Company Limited shall pay the entire remaining amount of interest, if any, accrued after 18.05.2019 on the balance principal amount to Opposite parties No.2 and 3-State Bank of India till realization, as it was obligation of OP No.1-SBI Life Insurance Company Limited under Rinraksha policy to credit the sum assured amount of Rs.48 lacs in the Home Loan Account No.38291177371  of the complainant as on the date of death of loanee Jeevan Kumar i.e. 18.5.2019, which it failed to do;
5. Opposite parties No.2 and 3-State Bank of India  shall supply fresh/latest Account Statement to the complainant in respect of Home Loan Account No.38291177371 in question, showing the deduction of sum assured amount, as directed above, as well as balance principal amount along with interest arrived at in the said account as on 18.05.2019 and installments so paid by complainant upto date as well as refund, if any;
6. Opposite parties no.1 to 3, jointly and severally, shall pay an amount of Rs.One Lakh to the complainant towards compensation for causing her immense mental agony & harassment due to their gross deficient act as well as unfair trade practice resorted to by them, along with litigation expenses of Rs.25,000/-.
7. This order shall be complied with, within a period of 30 days from the date of receipt of copy of this order, failing which the defaulting opposite party(s) shall also be liable to pay additional cost of Rs.50,000/- to Surinder Kaur apart from above respective relief….”

4.           This order shall become part and parcel of order dated 17.05.2022 passed in appeals bearing no.104 of 2022 and 107 and 2022. These applications for review/modification of the order dated 17.05.2022 alongwith applications seeking extension of time for compliance of the order, stand disposed of accordingly.
5.           Certified Copies of this order be sent to the parties, free of charge and one copy thereof be placed in the connected case file.
6.           The files be consigned to Record Room, after completion.

 

Pronounced

28.12.2022

 

Sd/-

[JUSTICE RAJ SHEKHAR ATTRI]

PRESIDENT

 

 

 

Sd/-

(RAJESH K. ARYA)

MEMBER

 

Rg.

 

 

 

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