2025 Supreme(Online)(SCDRC) 7388
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
State Bank Of India – Appellant
Versus
Smt. Seema Yadav – Respondent
SC/5/A/293/2019
First Appeal No. State Bank of India 11.02.2025
293 of 2019 Versus Smt. Seema Yadav and another STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 24.07.2019 Date of Final Hearing: 27.01.2025 Date of Pronouncement: 11.02.2025 FIRST APPEAL NO. 269 / 2019 Head Claims, SBI Life Insurance Company Limited
7th Level (D Wing) & 8th Level Seawoods, Grand Central Tower – 2 Plot No. R-1, Sec. 40, Seawoods, Nerul Node Navi Mumbai – 700 706 (Through: Sh. S. Parashar, Advocate)
…… Appellant Versus
1. Smt. Seema Yadav W/o late Aman Singh R/o House No. 364/1, New Adarsh Nagar Roorkee, District Haridwar – 247 667 (Through: Sh. Girish Chandra Pokhriyal, Advocate)
2. Branch Head, State Bank of India Roorkee, Branch Code – 00707 Civil Lines, Roorkee – 247 667 (Through: Sh. R.S. Bajwa, Advocate)
…… Respondents AND Date of Admission: 31.07.2019 Date of Final Hearing: 27.01.2025 Date of Pronouncement: 11.02.2025 FIRST APPEAL NO. 293 / 2019 State Bank of India A Body Corporate and constituted under State Bank of India Act, 1955 having its Central Office at Mumbai and one of its Local Head Office at Parliament Street, New Delhi and amongst others a Branch at Civil Lines, Roorkee instructions through its Authorised Officer Sh. Sholendra Kumar, Manager PBD (Through: Sh. R.S. Bajwa, Advocate)
…… Appellant First Appeal No. State Bank of India 11.02.2025
293 of 2019 Versus Smt. Seema Yadav and another Versus
1. Smt. Seema Yadav W/o late Aman Singh R/o House No. 364/1, New Adarsh Nagar Roorkee, District Haridwar – 247 667 (Through: Sh. Girish Chandra Pokhriyal, Advocate)
2. Head Claims, SBI Life Insurance Company Limited
7th Level (D Wing) & 8th Level Seawoods, Grand Central Tower – 2 Plot No. R-1, Sec. 40, Seawoods, Nerul Node Navi Mumbai – 700 706 (Through: Sh. S. Parashar, Advocate)
…… Respondents Coram:
Ms. Kumkum Rani, President Mr. C.M. Singh, Member
ORDER
(Per: Ms. Kumkum Rani, President):
Both these appeals under Section 15 of the Consumer Protection Act, 1986 have been directed against the impugned judgment and order dated 27.06.2019 passed by learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 118 of 2016, styled as Smt. Seema Yadav Vs. Branch Head, State Bank of India, Roorkee and another, wherein and whereby the consumer complaint was allowed and the opposite parties to the consumer complaint were directed to pay the amount of the subject insurance policy amounting to Rs. 7,90,000/- to the complainant together with interest @6% p.a. from the date of filing of the consumer complaint till payment and Rs. 5,000/- towards litigation expenses. For the sake of convenience, First Appeal No. 269 of 2019; Head Claims, SBI Life Insurance Company Limited Vs. Smt.
First Appeal No. State Bank of India 11.02.2025
293 of 2019 Versus Smt. Seema Yadav and another Seema Yadav and another, is taken as a leading appeal, for the disposal of these appeals. Since both the above-mentioned appeals have arisen out of the same judgment and order, hence both are decided together by this common judgment.
2. The brief facts of the case are as such that during his lifetime, late Aman Singh S/o Sh. S/o Sh. Satyapal, R/o Khanjarpur, Roorkee had applied for a housing loan of Rs. 7,90,000/- (Rupees Seven Lacs Ninety Thousand Only) on 16.07.2011 before Branch Head, State Bank of India, Civil Lines, Roorkee, which was sanctioned by the bank with a condition that the loan would be covered under Bank Assurance Scheme tie-up with SBI Life Insurance Company Limited. At the time of sanction of home loan, State Bank of India also offered a Group Insurance Policy No. 70000000310 through its subsidiary company – SBI Life Insurance Company Limited (Appellant in First Appeal No. 269 of 2019). The group insurance policy named SBI Life-RiNn Raksha was to cover the outstanding loan amount in case of death of the loanee and was to be in force from 16.08.2011 to 16.03.2030. The insurance