Before the Hon’ble District
Consumer Disputes Redressal Commission, at Baruipur, South 24 Parganas.
Consumer
Complaint no. of 2020
In
the matter of :
Ananya
Halder @ Ananya Haldar,
_______Applicant
-
Versus –
Indiabulls
Housing Finance Limited, and Another
_______Respondents / Opposite Parties.
BRIEF NOTES OF
ARGUMENT
On behalf of the
Applicant Smt. Ananya Halder @ Ananya Haldar
Submits
in the following :
1.
Pursuant to grant of
housing loan vide sanction letter under Reference Number 923769, dated
24-03-2018 by the Respondent no.1, herein to and in favour of the husband of
the Applicant, Subal Haldar, since deceased, and the deceased husband of the
Applicant purchased immovable property for residential purpose and thus became
the owner thereof and residing therein together with his family. The Home
Loan Account No. HHLKSL00426944, has been assigned by the respondent. The
respondent no.1, herein proposed for Insurance and therefore a sum of Rs. 43,135/-
( Rupees Forty Three Thousand and One hundred thirty five ) only, and whereas
the respondent no.1, proposed for the respondent no.2, for having insurance to
the deceased husband of the applicant.
2.
On 30-04-2018, the
respondent no.2, being Bharati Axa General Insurance Company Limited, issued a
Policy Number MPI/12553732/62/03/006159, dated 30-04-2018, ( Universal
Protection Policy ) which clearly shows Advisor ID : 62001194, Advisor Name :
Indiabulls Housing Finance Limited, Insured : Subal Haldar, Period of Insurance
commencing from 30-03-2018 to midnight on 29-03-2020, in respect of Home Loan
Account Number HHLKSL00426944, Sum Insured as of Rs. 15,00,000/- ( Rupees
Fifteen Lakhs ) only.
3.
The husband of the
Applicant died on 11-04-2019, at GVMCH Hospital, Vellore, Vellore District,
Tamil Nadu – 632011, while he was under serious medical treatment. The
information of the death of the said Subal Haldar, duly acknowledged by the
Applicant to the Respondents. The said Subal Haldar, since deceased, the
husband of the Applicant paid EMI till the month of April’ 2019.
4.
The Applicant
astonished subsequently when she received a notice on or about 09/09/2020 at
the door of her residence wherein it was purportedly contended that one alleged
notice dated 02-01-2020 by the Respondent purportedly under sub-Section 2 of
Section 13 of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Securities Interest Act; 2002, calling upon the Applicant to
discharge in full a total sum of Rs.13,42,397/- as on 02-01-2020 was allegedly
served upon the Applicant. The applicant immediately rushed to the Respondent
Bank enquiring about the matter but the Bank Officials showed their inability
to satisfy the Applicant.
5.
Inspite of such
unenforceable and bad notice allegedly served upon the Applicant and further
inspite of the said loan account of the Applicant being not under the category
of Non Performing Asset, the Respondent in collusion and connivances with its
officers and knowing fully well that the Applicant is a widow of very low means
intends to translate the said notice and with such ulterior and bad intention
and in furtherance of the said purported notice dated 02-01-2020 served upon
the Applicant a notice dated 09-09-2020 purportedly under Rule 8(6) of the
Security Interest (Enforcement) Rules, 2002, for Sale of the said property
owned by the Applicant under the disguise of the enforcement of course of law
which is not at all tenable under the law.
6.
It is pertinent to
states that under the connivance of the Respondent no.1, and the Respondent
no.2, both of them jointly and or severally made liable to suffer the applicant
after his demise as on 11-04-2019, since he was only earning member of the
family, and more particularly much more money has been exhausted during his
medical treatment as to save his life from crucial sufferings though he
departed for heavenly abode and leave his wife being the applicant herein and
only son Shri Snehasish Halder, and consequently the pandemic circumstances of
COVID – 19 spread started in the month of March’ 2020 and which still continuing
so far, and therefore the applicant is suffering at all square of her life to
stand up in any manner, whatsoever, and whereas the respondent no.2, the
insurance company did not heed to the claim place by the applicant on the
pathetic death of her husband Subal Haldar, and did not acknowledge any thing
in such regard to the applicant, therefore the applicant was in much dark about
her claim from the respondent no.2, and at the other hand the respondent no.1,
being the financial institution did not help in any manner to the applicant
herein rather continuously asking for EMI from the applicant and did not heed
to any of communication in this regard by the applicant.
7.
The applicant
therefore in such a compelling circumstances, approached Consumer Affairs
Department, Central Consumer Grievance Redressal Cell, Khadya Bhawan Complex,
Shed no. 14, 11A, Mirza Ghalib Street, Kolkata – 700087, and ventilate her
grievances against the Respondent no.1, herein, and whereas the said Consumer
Affairs Department given notice to the respondent no.1, herein and in a
tripartite meeting it has been observed by the Consumer Affairs Department as “
The day is fixed for the tripartite meeting. Both parties appeared for the
same. The complainant appeared in person and the opposite party is represented
by the Legal Manager, Indiabulls Housing Finance Limited. The facts regarding
the complaint have been discussed in details with both the parties concerned
with. During the meeting the representative of the opposite party verbally
stated that the Bharati AXA General Insurance Company Limited has already
repudiated the insurance claim because the ailment of death is not covered as
one of the critical illnesses mentioned
in the policy. Documentary evidences in support of their claim has also been
submitted. On perusal of the documents submitted by the op company and taking
the discussion during the tripartite meeting in consideration it appears that
the issue may not be resolved though the pre-litigation mediatory process.
Hence, the file related to the complaint is closed at this end. The complainant
may file a statutory consumer complaint with the appropriate district consumer
disputes redressal commission for redressal of her grievance through
adjudication”
8.
The applicant
astonished to get a copy of repudiation letter dated 25-11-2019, of the
respondent no.2, herein being Bharati Axa General Insurance Company Limited
from the respondent no.1, herein being Indiabulls Housing Finance Limited, at
the tripartite meeting held on 30-09-2020, before the Consumer Affairs
Department, as the said purported repudiation letter has not been served on the
applicant by the respondents and therefore the applicant was not in knowledge
of such repudiation letter dated 25-11-2019. The Contents of the said
repudiation letter dated 25-11-2019, expressed as “on scrutiny of the documents
it is observed that the insured Mr. Subal Halder was admitted due to milliary
tuberculosis and the death is due to the same ailment, however the ailment is
not covered as one of the critical illness mentioned in the policy and hence
the claim stands repudiated”.
9.
The applicant beg to
states that the medical report of Subal Haldar, given by the Christian Medical
College Vellore – 4, Department of Medicine – II, visit dated 09-04-2019,
observed as “ he was apparently well till January 2019, when he started having
low grade fever ( with evening rise, no drenoning night sweats, daily fever, touching
baseline ) along with cough ( with mucoid expectoration, no hemoptysis and no
chest pain, no dyspnea) as well as progressively worsening painless abdominal
distension with jaundice and high colored urine. No abdominal pain and no
nematernesis, malena, altered behaviour or altered sleep wake cycles” Diagnosis
for (1) Tuberculosis – pulmonary ( Miliary ) and (2) Thalaseemia Intermedia,
has been preferred on Subal Halder.
10.
The applicant placed
her claim to the respondent no. 2, as well as to the respondent no.1, in
prescribed format as advised by the respondent no.2, herein and after
submission of her claim to the respondent no.2, she was waiting to get her
claim though no communication and more particularly the letter of repudiation
of her claim has never been served on her by the respondent no.2, herein, and
whereas the applicant for the first time
came into knowledge on 30-09-2020, while the respondent no.1, placed
such repudiation letter dated 25-11-2019, in tripartite meeting of the consumer
affairs department.
11.
The repudiation
letter dated 25-11-2019, issued by the respondent no.2, herein is bad in law
and not tenable in any square of facts and circumstances, and whereas the
applicant being widow of Late Subal Halder well entitle to get her claim of sum
insured as of Rs. 15,00,000/- ( Rupees Fifteen Lakhs ) only, in terms of the
facts as well as in terms of the Law.
12.
The applicant is a
victim at the behest of the respondents who under their connivance denied the
legal claim of your applicant and harassed her in several aspects off and on,
thereof.
13.
The respondents are
adopting their unfair trade practices, and deficiency in services, as meant for
in the Consumer Protection Act’ 2019.
- The applicant seeks to get her rightful
claim being sum insured as of Rs. 15,00,000/- ( Rupees Fifteen Lakhs )
only, from the respondents, in terms of the facts as well as in terms of
the Law, thereof.
- The
respondents shall also pay the compensation due to the applicant
petitioner for the harassment, troubles, physical inconvenience and mental
agony arising directly out of the breach of the contract and breach of
duty on the part of the respondents. The applicant assesses such loss and
damages at Rs.
3,00,000/- ( Rupees Three lakhs ) only.
- The applicant relief on the following
documents / Papers :
a)
Letter
dated 30-09-2020 of Consumer Affairs Department;
b)
Repudiation
Letter dated 25-11-2019, of Bharati Axa General Insurance Company Limited;
c)
Insurance
Claim form;
d)
Insurance
Policy Number MPI/12553732/62/03/006159, dated 30-04-2018;
e)
Medical
Report of Subal Haldar ( deceased ) ;
f)
Death
Certificate of Subal Haldar, issued by Government Medical College Hospital,
Vellore;
g)
Possession
Notice dated 09-09-2020;
h)
Loan
Sanction Letter dated 24-03-2018;
i)
Communication
with Indiabulls Housing Finance Limited, through Letters, emails, etc.;
j)
Death
Certificate of Subal Haldar, issued by KMC;
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