STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

Date of institution : 10.05.2023 Reserved On : 21.05.2024 Date of decision : 28.06.2024 Canara HSBC Oriental Bank of Commerce Life Insurance Company Limited, having office at 4^th Floor, SCO 128, Nagpal Tower-1, District Shopping Centre, Ranjit Avenue, Amritsar, through its Authorized Signatory Arindam Mishra, Senior Manager (Legal) available at Canara HSBC Life Insurance Co. Ltd., 2^nd Floor, Orchid Business Park, Sector-48, Sohana Road, Gurgaon-122018.

….Appellant/OP No.2 Versus

1. Parveen Kumari Bhatti aged about 58 years wife of late Sh. Tilak Raj Bhatti, resident of 629/13, Khu Kundian Wala, Sandhu Colony, Batala Road, Amritsar.

….Respondent/Complainant

2. Punjab National Bank, VPO Mahal, Amritsar, through its Branch Manager.

….Respondent/OP No.1

2) First Appeal No.202 of 2023 Date of institution : 16.03.2023 Reserved On : 21.05.2024 Date of decision : 28.06.2024 Punjab National Bank, a Body Corporate constituted under the Banking Companies (Acquisition & Transfer of Undertaking) Act, 1970, having its Head Office at Plot No.4, Sector-10, Dwarka, New Delhi and having its Branches at different places including one at VPO Mahal (eOBC Branch) Amritsar, District Amritsar (Pb.), through its Constituted Attorney/Branch Head.

….Appellant/OP No.1 Versus

1. Parveen Kumari Bhatti aged about 58 years wife of late Sh. Tilak Raj Bhatti, resident of 629/13, Khu Kundian Wala, Sandhu Colony, Batala Road, Amritsar.

….Respondent/Complainant

2. Canara HSBC Oriental Bank of Commerce, Life Insurance Company Limited, having office at 4^th Floor, SCO 128, Nagpal Tower-1, District Shopping Centre, Ranjit Avenue, Amritsar, through its Branch Manager/Overall Incharge.

….Respondent/OP No.2 First Appeals under Section 41 of the Consumer Protection Act, 2019 against the order dated 19.01.2023 passed by the District Consumer Disputes Redressal Commission, Amritsar.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No Present (FA No.362 of 2023):-

For the Appellant : Sh. Sanjeev Goyal, Advocate For Respondent No.1 : Sh. Kushagra Mahajan, Advocate For Respondent No.2 : Sh. Hemant Hans, Advocate.

JUSTICE DAYA CHAUDHARY, PRESIDENT This order of ours shall dispose off two First Appeals i.e.

First Appeal No.362 of 2023 and First Appeal No.202 of 2023, as similar questions of law and facts are involved therein. However, the facts are being extracted from First Appeal No.362 of 2023.

First Appeal No.362 of 2023

2. Appellant/OP No.2 has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 being aggrieved by the order dated 19.01.2023 passed by the District Consumer Disputes Redressal Commission, Amritsar (in short, “the District Commission”), whereby the Complaint filed by Respondent No.1/Complainant had been allowed.

3. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District Commission.

4. Briefly, the facts of the case as made out by the Respondent No.1/Complainant in the Complaint filed by her before the District Commission are that her husband namely Sh. Tialk Raj Bhatti (since deceased) had availed Home Loan of 5.22 lac vide Loan ₹

Account No.19436012000049 for construction of house from Oriental Bank of Commerce (OBC), VPO Mahal, District Amritsar on 02.01.2018. The Complainant had submitted the Sale Deed of the house bearing No.629/13 as security document to the Bank in original.

At that time, the Branch Manager of the Bank had offered the insurance policy to secure the loan amount to the husband of the Complainant as well as the Complainant, as the same was useful in case there was any loss to the life of the insured borrower during the loan tenure. On the assurance given by the Branch Manager, the husband of