First Appeal No. FA/472/2013. Case: Sarada Acharyay Vs ICICI Prudential Life Insurance Co. Ltd. and Ors.. West Bengal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. FA/472/2013 |
| Counsel | For Appellant: Abu Sayem, Advocate and For Respondents: Prasanta Banerjee, Advocate |
| Judges | Shyamal Gupta, (Presiding Member) and Utpal Kumar Bhattacharya, Member |
| Issue | Consumer Protection Act, 1986 - Sections 12, 15; Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 - Section 13(2) |
| Judgement Date | March 28, 2017 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
Utpal Kumar Bhattacharya, Member, (Kolkata)
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The instant Appeal u/s. 15 of the Consumer Protection Act, 1986 has been filed by the Appellant/Complainant challenging the judgment and order dated 02-04-2013 passed by the Ld. District Forum, Burdwan in DF Case No. 73/2012 allowing the complaint ex parte against the Respondent/OP No. 1 and dismissing against the Respondent/OP No. 2 with the directions as quoted below:
"that the application u/s. 12 of the C.P. Act is allowed on ex-parte against O.P. No. 1 and dismissed against O.P. No. 2. The O.P. No. 1 is directed to pay sum assured (Rs. 3,57,581/-) to the complainant together with interest @ 12% from the date of filing this case i.e. 27-4-2012 till realization. The O.P. No. 1 is further directed to pay Rs. 30,000/- towards cost of harassment and mental agony and Rs. 15,000/- towards cost of litigation to the complainant (because this complainant has already been saddled with the notice of the Sarfaesi Act due to the non-settlement of dues to the O.P. No. 1). The O.P. No. 1 is directed to pay the aforesaid amount within 45 days together with interest as stated above till full and final realization. Complainant is at liberty to file execution before this Forum in case of non-execution of the aforesaid order in its entirety within the stipulated period under the provision of Copra, 1686...."
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The facts of the case, in brief, are that the Appellant/Complainant, along with her husband, Rabindra Nath Acharya, since deceased, applied for sanction of a loan for construction of a residential house before the Respondent/OP No. 2 bank on observance of all formalities. The Respondent/OP No. 2 bank sanctioned the loan and at the same time, in terms of the Agreement, made the husband of the Appellant/Complainant secure his life entering into a life insurance policy with the Respondent/OP No. 1 keeping the Appellant/Complainant as nominee. The said policy of an assured sum of Rs. 3,72,175/- for a single premium of Rs. 15,095/- was valid for a period of 20 years since the date of its initiation.
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Unfortunately, the husband of the Appellant/Complainant died in a motor accident within the policy period. The Appellant/Complainant intimated the Respondents/OPs the details of the incident and submitted claim forms to the Respondent/OP No. 1 with all requisite formalities being observed. Meanwhile, the Respondent/OP No. 2 bank issued Notice u/s. 13(2) of the SARFAESI Act to the Appellant/Complainant...
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