Case nº Revision Petition No. 3102 Of 2016, (Against the Order dated 09/09/2016 in Appeal No. 872/2011 of the State Commission Punjab) of NCDRC Cases, May 19, 2017 (case Baljinder Kaur Vs LIC Housing Finance Limited & Anr.)

JudgeFor Appellant: Ms. Geetika Kapur, Advocate
PresidentMr. V.K. Jain,Presiding Member
Resolution DateMay 19, 2017
Issuing OrganizationNCDRC Cases


V.K. Jain (Oral)

  1. The petitioner/complainant, along with her husband late Shri Mewa Singh took a housing loan from the respondent/its predecessor-in-interest. The case of the petitioner/complainant is that the respondent had undertaken to obtain a life insurance policy on the life of the borrowers and for this purpose, a cheque dated 20.8.2006 of Rs.18727/- was given by them to the respondent, which was encashed on 5.9.2016. The husband of the complainant/respondent having died, the complainant sought settlement of the claim against the insurance. The respondent, however, claimed that neither they had undertaken to get life of the borrowers insured nor they had received the cheque of Rs.18727/- towards insurance premium. They claimed that the aforesaid cheque was received by them towards part payment of the loan amount. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint. The complaint having been dismissed, she approached the concerned State Commission by way of an appeal. The said appeal also having been dismissed, she is before this Commission by way of this revision petition.

  2. The only questions which involved in this petition are -- (1) whether the respondent had undertaken to obtain an insurance policy on the life of the borrowers (2) whether a cheque of Rs.18727/- received by them towards insurance premium for obtaining insurance cover on the life of the borrowers.

  3. The complainant did not disclose in the complaint the date on which the aforesaid cheque was delivered to the respondent. There is no letter from the borrowers forwarding the aforesaid cheque of Rs.18727/- to the respondent. The onus was upon the complainant to prove that the respondent had undertaken to get the life of the borrowers insured and had received the aforesaid cheuqe towards insurance premium. The learned counsel for...

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