Before the Hon’ble District
Consumer Disputes Redressal Commission, at Baruipur, South 24 Parganas.
Consumer
Complaint no. of 2020
In
the matter of :
An
application under Section 35 of the Consumer Protection Act’ 2019;
AND
In
the matter of :
Ananya
Halder @ Ananya Haldar, Wife of Late Subal Halder, residing at Holding No.
1815, Nischintapur, Ward No. 8, Post Office – Sonarpur, Police Station –
Sonarpur, Kolkata – 700150, District – South 24 Parganas, West Bengal. Mobile
Number : 9733103035, Email : snehasish.halder1111@gmail.com
_______Applicant
-
Versus –
1.
Indiabulls Housing
Finance Limited, 7th Floor, Megathrem Building, GP Block, Sector –
V, Salt Lake, Kolkata – 700091, West Bengal. Ph : 033-7003998848, Email : indiabulls.loans@indiabulls.com
2.
Bharati AXA General
Insurance Co. Limited, having Registered Office at First Floor, Hosto Centre,
No. 43, Millers Road, Vasant Nagar, Banglore – 560052. Phone Number :
080-49123900, Email : customer.service@bharati.axagi.co.in
_______Respondents / Opposite Parties.
The
humble petition of the above named applicant, most respectfully;
Sheweth as under :
1.
That the applicant is
a peace loving and law
abiding Citizen of the Country, residing at the address as given in the cause
title of this application. The applicant is a Widower lady after demise of her
husband Subal Haldar, on 11-04-2019.
2.
That 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.
3.
While the Respondent
no.1, herein Indiabulls Housing Finance Limited, sanctioned Home Loan to the
deceased husband of the applicant and the applicant, 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, has been assigned for
the purpose of insurance, and whereas the respondent no.1, proposed for the
respondent no.2, for having insurance to the deceased husband of the applicant.
4.
That 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.
5.
That the applicant
beg to states that as per the terms and conditions of the loan sanctioned by
the Respondent no.1, the Applicant is required to repay the loan in 276 Equated
Monthly Installments and the last Installment repayable by the Applicant is due
on much later as of Rs.12,596/- (Rupees Twelve Thousand and Five Hundred Ninety
Six) only, per month. It is pertinent that the Home Loan Account No.
HHLKSL00426944, has been assigned by the respondent.
6.
That the applicant
beg to states that husband Subal Haldar, since deceased, regularly paid his EMI
to the Respondent, and whereas the Applicant Ananya Haldar @ Ananya Halder, has
been his widow. 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.
7.
That the applicant
beg to states that due to failure to pay EMI for and from the month of May 2019
after the death of the husband of the Applicant, the Respondent from time to
time by its various letters requested the Applicant to clear EMI but the said
payment remained unpaid due to disorganization of the entire family after the
death of the husband of the Applicant and thereafter due to nationwide lockdown
caused due to outbreak of pandemic Covid – 19. That the Applicant categorically
states that she received the request letter of the Respondent no. 1, to make
payment of EMI in the month of October 2020.
8.
That the applicant
beg to states that 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.
9.
That the applicant
beg to states that the said astonishing notice received by the Applicant on at
her outer door further alleged that since the Applicant failed to repay the
amount mentioned in the said alleged notice purportedly under Section 13(2) of
the Securitisation and Reconstruction of Financial Assets and Enforcement of
Securities Interest Act; 2002, the Respondent is taking symbolic possession of
the property, by pasting a notice being Appendix –IV ( See Rule 8 (1) )
Possession Notice ( for immovable property ), being notice of Symbolic
Possession under the provision of Section 13 (4) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act’
2002, on 09-09-2020.
10.
That the applicant
beg to states that the applicant immediately rushed to the Respondent Bank
enquiring about the matter but the Bank Officials showed their inability to
satisfy the Applicant.
11.
The Applicant states
that the Respondent on the one hand is making request after request by its
various letters addressed to the Applicant requesting her to clear the EMI but
on the other hand served the said astonishing and purported notice of symbolic
possession on 09-09-2020 which is not at all tenable under the law.
12.
That the Applicant
further states that although the Loan Account of the Applicant with the
Respondent has been, as admitted by the Respondent vide its various letters,
emails, etc. lastly dated 01-10-2020, in operative condition till October 2020
as said above and as such the said loan account cannot, all of a sudden, be
categorized and declared NPA.
13.
Furthermore
interestingly no alleged notice under Section 13(2) of SARFAESI Act’ 2002 was
ever been served by the Respondent. It is pertinent to states that the
applicant is not in receipt of any communication regarding NPA of such Home
Loan Account, neither She is in receipt of any statutory Notice under Section
13 (2) of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act’ 2002, and whereas all of a sudden on
09-09-2020, the Authorised Officer of the respondent visited the premises and
pasted a Possession Notice ( for immovable property ) under Appendix IV ( See
rule 8 (1) ) of the Security Interest ( Enforcement ) Rules’ 2002, at the
premises being Holding No. 1815, Nischintapur, Ward No. 8, Post Office –
Sonarpur, Police Station – Sonarpur, Kolkata – 700150, District – South 24
Parganas, West Bengal, in connection with the Home Loan Account Number
HHLKSL00426944, being measures referred to in sub-section (4) of section 13 of
the Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act’ 2002, taken by the secured creditor ( Indiabulls Housing
Finance Limited ) by its authorized officer on 09-09-2020.
14.
In absence of any
communication about NPA of the Home Loan Account and Statutory Notice under the
provisions of Section 13(2) of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act’ 2002, the respondent
purportedly proceeded under section 13(4) of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security Interest Act’
2002, by pasting a Possession Notice dated 09-09-2020 ( for immovable property
) under Appendix IV ( See rule 8 (1) ) of the Security Interest ( Enforcement )
Rules’ 2002, at the premises being Holding No. 1815, Nischintapur, Ward No. 8,
Post Office – Sonarpur, Police Station – Sonarpur, Kolkata – 700150, District –
South 24 Parganas, West Bengal, in connection with the Home Loan Account Number
HHLKSL00426944.
15.
If at all the service
of the alleged notice under Section 13(2) of SARFAESI Act as falsely claimed by
the Respondent is held to be true still the admitted service of various
letters, emails, etc., of the Respondent lastly dated 01-10-2020 upon the
Applicant requesting her to clear and make payment of EMI amount to waiver of
said alleged statutory notice under Section 13(2) of SARFAESI Act’ 2002.
16.
That the Applicant
states that inasmuch as the said account for the loan of the Applicant was or
is not within the category of Non Performing Asset and as such the alleged
demand notice of the Respondent, if any, dated 02-01-2020 allegedly served upon
the Applicant is bad in law and have no force at all.
17.
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.
18.
That due to arbitrary
act on the part of the Bank, the Applicant made to suffer and is likely to be
seriously prejudiced as a cloud has been casted upon his right, title and
interest as owner of the property and it is necessary that the said notices be
quashed.
19.
Under the facts and
circumstances aforesaid the Applicant states and respectfully submits that the
purported and alleged notice of the Respondent purportedly under Section 13(2)
of the SARFAESI Act dated 02-01-2020, if any, and allegedly served upon the
Applicant and any other notice or notices consequential thereto deserves to be
and should be quashed and stating the same as bad in law and have no force at
all. Consequently, the Respondent also deserves to be and should be restrained
from giving any effect to the said notices or any manner acting in pursuance
thereof against the property of the Applicant.
The applicant resort proceeding under Section 17 of the SARFAESI Act’
2002, before the Learned Debts Recovery Tribunal Kolkata – II, which is
pending, for adjudication.
20.
That 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.
21.
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”
22.
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”.
23.
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.
24.
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.
25.
The applicant beg to
states that 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.
26.
The applicant beg to
states that 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.
27.
The applicant beg to
states that the respondents are adopting their unfair trade practices, and
deficiency in services, as meant for in the Consumer Protection Act’ 2019.
- That 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.
- That
the applicant states and submits that 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.
- That
the applicant states and submits that the purported activities of the
respondents established deficiency in services, which is contrary to the
Law.
- That
the applicant States and submits that from all of the statements made
above, it is clear that the opposite parties are guilty of deficiency in
service as meant for in the Consumer Protection Act’ 2019.
- That the applicant enclosing herewith 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;
- That
the Cause of action for the present proceeding arose on 30-04-2018, while the purported insurance
policy has been acquired by the applicant from the respondent no.2, on the
advise of the respondent no.1, herein, and thereafter while the said Subal
Haldar died on 11-04-2019, and thereafter on placing claim by the
applicant with the respondent no.2, as well as with the respondent no.1,
herein, and thereafter adverse date and
the same is continuing and the respondents / opposite parties having
registered office as given in the cause title of this application, and the
applicant is residing at the address as given in the cause title of this
application, which is within the territorial jurisdiction of the Hon’ble Commission.
- That
the present complaint is being filed within the period as prescribed under
section 69, of the Consumer Protection Act’ 2019.
- That
your Petitioner crave leave to produce the relevant documents and / or
papers at the time of hearing or evidence, before the Hon’ble Commission.
- That
the present application being made bona-fide and in the interest of
justice.
- The
applicant therefore prayed for :
Under the above facts and circumstances, It is
prayed that your Honour would be graciously pleased to grant the following
prayer/s / relief/s :-
a)
to direct the
respondents / opposite parties to pay Rs. 15,00,000/-
( Fifteen Lakhs ) only, being sum insured under Policy number MPI/12553732/62/03/006159,
dated 30-04-2018, ( Universal Protection Policy ) to the applicant herein, in the interest of
administration of justice;
b)
To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of business, physical
inconvenience and mental agony, suffered by the applicant from the purported
activities and others by the opposite parties as assessed as ₹
3,00,000/- ( Rupees Three Lakhs ) only to your applicant;
c)
To grant the cost of the proceedings ;
d)
To grant any other relief or alternate relief
to the applicants / petitioners as found out by your Honour, in the facts and
circumstances of the Complaint.
And to pass such other necessary order or orders
as your Honour , may deem fit and proper for the ends of justice.
And
for this act of kindness, the Petitioner, as in duty bound shall ever pray.
Verification
I,
Mrs. Ananya Haldar @ Ananya Halder, being the applicant, herein, do hereby
declare that the forgoing paragraphs no________to ________are true to the best
of my knowledge and rest prayers portions are my humble submission before the
Hon’ble Commission and I duly sign and verify this application on
_____________2020, at the Baruipur, South 24 Parganas.
Mrs.
Ananya Haldar @ Ananya Halder
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
: ____________2020.
Place
: Baruipur, South 24 Parganas.
Before the Hon’ble District Consumer
Disputes Redressal Commission, at Baruipur, South 24 Parganas
Consumer Complaint no. _______of 2020.
In the matter of :-
Mrs.
Ananya Haldar @ Ananya Halder,
…….Applicant.
-
Versus –
Indiabulls
Housing Finance Limited, and others,
………Respondents / Opposite Parties.
AFFIDAVIT
Affidavit of Mrs. Ananya Haldar @
Ananya Halder, Wife of Late Subal Halder, aged about ____years, by faith Hindu,
by Occupation ______________residing at Holding No. 1815, Nischintapur, Ward
No. 8, Post Office – Sonarpur, Police Station – Sonarpur, Kolkata – 700150,
District – South 24 Parganas, West Bengal.
I, the above deponent do hereby
solemnly affirm and declare as under :-
1 : That I am the applicant, and
thoroughly conversant with the facts and circumstances of the present case and
am competent to swear this affidavit.
2 : That the facts contained in my
accompanying complaint / application, the contents of which have not been
repeated herein for the sake of brevity may be read as an integral part of this
affidavit and are true and correct to my knowledge.
DEPONENT
Verification
I, the above named deponent do hereby
solemnly verify that the contents of my above affidavit are true and correct to
my knowledge, and no part of it is false and nothing material has been
concealed therein.
Verified this ………….the day of
…………….2020, at the Baruipur, South 24 Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated :………....................……2020.
Place : Baruipur, South 24 Parganas.
N O T A R Y
Vakalatnama
Before the Hon’ble District
Consumer Disputes Redressal Commission, at Baruipur, South 24 Parganas.
Consumer
Complaint no. of 2020
Mrs. Ananya Haldar @
Ananya Halder, COMPLAINANTS
Versus .
M/s. Indiabulls Housing Finance Limited, and others, RESPONDENTS
KNOW ALL MEN by this presents that I
Mrs.
Ananya Haldar @ Ananya Halder, Wife of
Late Subal Halder, residing at Holding No. 1815, Nischintapur, Ward No. 8, Post
Office – Sonarpur, Police Station – Sonarpur, Kolkata – 700150, District –
South 24 Parganas, West Bengal, do hereby
constitute and appoint the undermentioned Advocate, Pleaderes, Vakils, jointly
& each of them severally to be pleader of ME / US and on MY / OUR behalf to
appear for ME / US in the above cause and to take such steps and proceeding as
may be necessary on MY/ OUR behalf and for the purpose to make sign verify and
present all necessary petitions, plaints, written statements and other document
and do nominate and appoint or retain senior Counsels, Vakils, Advocate and
other persons, lodge and deposit moneys and document and other papers in court
and the same again to withdraw and to take out of Court and to obtain or grant
as the case may be effectual receipts and discharge for the same and for all
moneys which may be payable to ME / US in the premises. To enter into
compromise with MY / OUR approval and withdraw all moneys from the court: AND
GENERALLY to act in the premises and proceeding arising thereout whether by woy
of execution, riview appeal or otherwise or in any manner contested therewith
as effectually and to all intents and purpose as I / WE could act if personally
present and ALSO for all and of the purpose aforesaid to appoint a substitute
or substitutes and such substitution and as pleasure to revoke I / WE hereby
ratifying and agreeing to confirm whatever
may be lawfully done by virtue hereof : IN WITNESS WHEREOF this
Vakalatnama has by MY / US.
This_____________
day of __________ 2020 been executed
- Miss Suchitra Chakraborty, Advocate. Sri Biplab Some, Advocate.
- Sri Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court at Calcutta. Mobile Number : 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com
- Sri Deobrata Singh, Advocate.
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