SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(KER) 15404

HIGH COURT OF KERALA
N. NAGARESH, J
THE HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED – Appellant
Versus
HARITHA S. – Respondent


Advocates:
K.K.CHANDRAN PILLAI (SR.), S.AMBILY, SRI.R.SUNIL KUMAR, SMT.A.SALINI LAL, SRI.ARUN KRISHNA, SRI.J.M.DEEPAK, SRI.GEORGE A CHERIAN, STANDING COUNSEL

JUDGEMENT

The petitioner, a Scheduled Bank, has filed this writ petition seeking to quash Exts.P2, P3 and P4.

2.The petitioner states that late Shibu availed a credit facility from the Bank for an amount of ₹12,52,612/- in October, 2019 for construction of a residential house.

Respondents 1 to 4 are widow, two minor children and mother of late Shibu. The 5th respondent-Insurance Company had insured the loan. An amount of ₹52,612/- was paid towards insurance premium.

3.Late Shibu died on 27.02.2021. The 1st respondent-wife approached the 5th respondent-insurer claiming benefit of insurance. According to the petitioner, the borrower had committed suicide though the cause of death was informed as heart attack. The 1st respondent produced letters from two Ward Members testifying that the death was due to heart attack. The postmortem report confirmed that the death was due to hanging.

4.As the loan was not repaid promptly, the petitioner recalled the loan. Respondents 1 to 4 thereupon approached the District Consumer Disputes Redressal Commission filing CC No.130/2022. The 1st respondent alleged that the insurance coverage is taken as insisted by the petitioner and that the 5th respondent-in

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top