BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.84 of 2023
Date of Instt. 14.03.2023
Date of Decision: 12.02.2024
Durgavati aged about 50 years wife of Late Hira Lal R/o Dera Preet Nagar, P. O. Chuggiti, District Jalandhar.
..........Complainant
Versus
1. TATA Capital Housing Finance Ltd., through its Managing Director/Director/General Manager 15th Floor, Tower-A, Peninsula Business Park, G. K. Marg, Lower Parel, Mumbai- 400013.
2. TATA Capital Housing Finance Ltd., thorough its Authorized Officer/Manager, SCO-49, 3rd Floor, Ahuja Tower, PUDA Complex, Ladowali Road, Jalandhar.
3. TATA AIG General Insurance Co. Ltd., through its Authorized Officer/Manager, SCO-49, 3rd Floor, Ahuja Tower, PUDA Complex, Ladowali Road, Jalandhar.
….….. Opposite Parties
Application for dismissal of the complaint.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Present: Sh. K. S. Minhas, Adv. Counsel for Applicant/OPs No.1 & 2.
Sh. C. M. Minhas, Adv. Counsel for Respondent/Complainant.
Order
Dr. Harveen Bhardwaj (President)
1. Today, the Member/Jaswant Singh Dhillon is on leave.
2. Heard on application for dismissal of the complaint being infructuous.
3. The Applicants/OPs No.1 & 2 have filed an application for dismissal of the complaint as the loan account for which the insurance policy was allegedly taken, has already been closed after recovering the amount, under Sarfaesi proceedings and as on date, no outstanding remain under the loan account. The property already stands sold in auction under Sarfaesi Act, 2002 even prior to the institution of the complaint. Therefore, the complaint has become infructuous.
4. In reply to the application, the complainant has alleged that the applicants have adopted wrong procedure to auction the properties belonging to the husband of the complainant. The husband of the complainant had been paying the installments regularly, but he had expired due to Corona and then the complainant herself deposited the amount in the loan account of her husband. The applicants have mischievously sold the properties in auction without the consent and knowledge of the complainant. The complainant has alleged the deficiency in service and unfair trade practice on the part of the OPs. Thus, the complaint is very much maintainable and this Commission has jurisdiction to decide the present complaint.
5. Perusal of the record shows that the complainant had filed the present complaint on the ground that the husband of the complainant had taken a housing loan of Rs.11,25,210/- from the applicant/OP No.2 on 30.04.2017 for a period of 15 years. In order to secure the loan, the insurance policy was purchased from the OP No.3 vide insurance policy No.02354952180000. The policy commenced from 05.05.2017 and was to expire on 04.05.2020. It has been alleged by the complainant that this policy was automatic renewal subject to realization of premium and applicability of terms and conditions. The complainant has produced on record the copy of loan account detail Ex.C-2 and insurance policy Ex.C-4. Perusal of this policy shows that there was a note of automatic renewal of policy for three years subject to realization of premium and applicable terms and conditions. This policy was for three years automatic renewal. The complainant has admitted that notice under Sarfaesi Act was issued. The applicants have produced on record the proceedings showing that the complaint has become infructuous as as per the document, which is certificate the account has been satisfied and the property i.e. the plot No.19 and 20 has already been sold under Sarfaesi Act. The loan has been recovered and nothing is outstanding. This fact has been admitted by the complainant also that the property has been sold under Sarfaesi Act and amount of loan has been deposited though she has challenged the procedure adopted by OPs as wrong and illegal. So far as the security of loan as per policy is concerned, the policy expired on 04.05.2020, if automatic renewal was applicable. The husband of the complainant died on 20.05.2021 i.e. after the expiry of insurance policy, meaning thereby that at the time of the death of the husband of the complainant, there was no policy and the property has already been sold and the account has been closed and no policy was in existence at the time of filing complaint. The property has been sold after initiating Sarfaesi proceedings. As per Section-13 (3) (a) of SRFAESI Act, any security interest created in favaour of a secured creditor is enforceable without the intervention of any Court or Tribunal. In view of the provisions of Sarfaesi Act, no injunction/stay can be granted and thus, the present complaint has become infructuous qua all the OPs, therefore, the present application is allowed and the complaint is dismissed. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Dr. Harveen Bhardwaj
12.02.2024 Member President
