State Commission Case.docx

BEFORE THE HON’BLE STATE CONSUMER DISPUTE REDRESSAL COMMISSION, LUCKNOW COMPLAINT CASE No.

of 2019

Anurag Varshey

..Complainant

Versus

1. H.D.F.C

Life

having

its

registered

office

at ,................................branch office at .............. through its Authorised Signatory. 2. HDB Financial Services Ltd having its registered office at Radika,

2nd

Floor,

Law

Garden

Road,

Navrangpura,

Ahemdabad and Branch office at............................. through its Authorised Signatory. 3. Mr. Sonu Verma, aged about ........... s/o ........... ..Respondents COMPLAINT UNDER SECTION 17 OF THE CONSUMER PROTECTION ACT, 1986 Respectfully Showeth:1. That at the outset it is submitted that this is the first complaint being preferred by the complainant. No complaint claiming identical reliefs have been preferred before any forum or commission as such this is first complaint. The

complainant have not been served with the copy of caveat from the respondents. 2. That by virtue of this complaint, the complainant is seeking the refund of the amount of Rs. ................. along with 18% interest from the date of filing of this complaint till the disposal

of

this

complaint

amongst

other

reliefs

as

enumerated herein below alleging the deficiency in service committed by the respondents. FACTS:3. That the complainant is the nominee in the insurance policy opted by the complainant father Late Virendra Kumar Varshnay as such is competent to file this instant complaint. 4. That the father of the complainant, Late Shri Virendra Kumar Varshney, proprietor of V. K Textile, having its registered office at ……………….., on the request of Mr. Sonu Verma (Respondent no.3) agent of HDB Financial Services

(Respondent

No.2),

took

the

loan

of

Rs.

15,00,000/- as Cash Credit and Rs. 3,00,000/- as personal loan for the smooth functioning of the business in the month of January, 2017 from HDB Financial Services, Branch at Hathras, which was later on enhanced to Rs. 25,00,000/- in cash credit and Rs. 4,50,000/- in personal loan. 5. That as a condition precedent for sanctioning the loan amount, the officials of the HDB Financial Services requested the Complainant father to opt for insurance

policy for securing the entire loan amount. On being enquired into, the respondent no. 2 introduced the respondent no. 1 to the complainant’s father for insurance policy. The respondent no. 1 thereafter was also pleased to offer an insurance policy for securing the loan amount to the

complainant

documents

and

father.

The

insurance

photocopy

policy

are

of

being

the

loan

annexed

herewith as ANNEXURE NO.1 to this Compliant. 6. That the loan amount so sanctioned included the policy premium

amount

also

as

such

equated

monthly

instalments towards repayment of loan amount included the instalment for payment of insurance premium also which was paid to the HDFC Life Insurance. The photocopy of the insurance policy is being annexed herewith as ANNEXURE NO.2 to this Complaint 7. It is pertinent to mention here that the respondent no. 1 is a wholly owned subsidiary of H.D.B Financial Service Limited and the respondent no. 2 is promoted by H.D.B Financial Service Limited as such the respondents are promoted and managed by H.D.B group of Companies and are co-related to each other. 8. That it is also relevant to mention that Respondent no.3, who introduces himself as an agent of the HDB Financial Services (Respondent no.2), gave the blank kit to the Complainant‘s father for signature and also assure the release of the amount in favour of the Complainant father

along with the insurance to the loan, as such the details where mention in the loan documents were after the signature of the Complainant and his father. The recording of the Respondent no.3 is being annexed in the CD which as marked as ANNEXURE NO.3 to this Compliant 9. That unfortunately on 30.03.2018, the complainant father died. Consequently the complainant applied for coverage sum under the insurance policy as opted from HDB Financial Services for repayment of outstanding amount in the loan account as assured officials of HDB Financial Services as per the required formalities. The photocopy of the dead certificate and the application for coverage sum under the policy are being marked as ANNEXURE NO.4 to this Compliant. 10. That the representatives of the HDB Financial Services visited the premises of the complainant and sought requisite

information

which

was

furnished

thereafter,

further the representatives of Respondent no.2 requested the complainant to write the letter

as narrated by

Respondent no.2, so that the insurance claim amount can be disbursed in favour of the complainant. The recording of the official of the Respondent no.2, wherein the official has admitted the fact of narration of the letter is being recorded in the CD marked as ANNEXURE NO.5 to this Compliant 11. That soon after that the officials of the Respondent no. 1 and 2 send various demand notices to the complainant and

when the

complainant approached

the office of

the

Respondents, the claim of the complainant was rejected on the ground that the name of the complainant was written in place of LIFE ASSURED and nominee is the father of the complainant as such the claim of the insurance police cannot be given to the complainant. The photocopy of the demand notices and the rejection of the claim letter are being annexed herewith as ANNEXURE NO.6 AND 7 to this Compliant 12. That the complainant was shocked and when the same was verified from the Respondent no. 3,who himself admitted the fact that the Loan Agreement and all other loan documents and insurance documents where blank at the time of the policy and the insurance policy was made in favour of the father of the complainant only. 13. That Respondent no.3 also admitted that the Officials and higher authority are playing fraud on them and they had also forced him to give his resignation as he was raising voice against the officials of Respondent no.1 and 2. 14.

That when the loan documents were supplied to the

complainant it came into the knowledge about the fraud being done by the officials of the HDB Financial Services. 15. That it is pertinent to mention here that the complainant has also made the compliant before the Superintendent of Police, Hathras against the respondents against the fraud and unfair trade practice. The photocopy of the compliant

send to Superintendent of Police, Hathras on 05.11.2018 is being annexed herewith as ANNEXURE NO.8 to this Compliant. 16. That it is submitted that the benefits ought to have provided as per the schedule has been detained falsely by the respondent no. 1 on the ground of mentioning of the name of the complainant father as the nominee of the insurance policy when the fact is that the respondents have given blank kit to the Complainant for signature. 17. That respondents have mis-interpreted the terms and conditions of the policy and have acted in sheer abuse of process of law as such are liable to compensate the complainant for the amount of loss which the complainant is suffering. 18. That the respondents are involved in unfair trade practices by acting in connivance and befooling the innocent consumers of which the complainant is a victim as such

the

above

mentioned

acts

of

the

respondents

constitute the conditions of deficiency in service in result amount to unfair trade practises which cannot be annulled except by the order of this Hon’ble Commission. 19. That due to the act of the respondents as enumerated herein above, the complainant is unnecessary burdened with the amount of interest or such other charges which may be charged by the respondent no. 2 in the loan

account, the sole liability of which is of the respondent no. 1. 20. That it is also relevant to mention here that now the Respondents have initiated the proceedings under the arbitration act against the complainant in gross violation of their terms and condition and with the malafide intention to recover the amount from the complainant. 21. That the cause of action for filing the complaint aroused on ........... when the respondent no. 1 repudiated the claim of the complainant and detained the amount accrued as per the benefit schedule as such the instant complaint is being filed within the period of limitation. 22. That

the

loan

account

of

the

complainant

was

maintained by the respondent no. 2 in Hathras, the loan amount was sanctioned by the respondent no. 2 from Hathras, the amount of service exceeds the amount of Rs 20,00,000 (Twenty Lakh) as such this Hon’ble Commission has

pecuniary

Jurisdiction

to

entertain

the

present

complaint. PRAYER Wherefore it is most respectfully prayed that this Hon’ble Commission may graciously be pleased to:a) Order and Direct the respondents

to

pay

Rs ....................................) or such other amount in the loan account be stated by the respondent no. 2 along with

18%

interest

complainant;

till

the

final

payment

to

the

b) Order and direct the respondents to pay Rs 1,50,000 towards the cost of mental agony and harassment; c) Order and direct the respondents to pay Rs 55,000 towards the cost of litigation; d) Or such other relief as this Hon’ble Commission may deem fit in the light of facts and circumstances and in the interest of justice, equity and good conscience.

Date:-

Anurag

Place:- Lucknow

Prashant Kumar Advocate

Varshnay

(Complainant)

Kushagra Dikshit Advocate

(Counsel for Complainant) (Counsel for Complainant)

BEFORE THE HON’BLE STATE CONSUMER DISPUTE REDRESSAL COMMISSION, LUCKNOW COMPLAINT CASE No.

of 2019

Anurag Varshnay

..Complainant

Versus

H.D.F.C Life and others ..Respondents APPLICATION FOR INTERIM RELIEF Respectfully Showeth:For the facts, reasons and circumstances stated in the memo of complaint

it

is

most

respectfully

prayed

that

this

Hon’ble

Commission may graciously be pleased to direct the respondent no. 2 to not to take any coercive steps against the property of the complainant and to further not charge any interest or such other charges till the pendency of the complaint. Date:Place:- Lucknow

Prashant Kumar Advocate

Kushagra Dikshit Advocate

(Counsel for Complainant) (Counsel for Complainant)