BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA AT HYDERABAD RP.NO. 194 OF 2022 AGAINST THE ORDERS IN IA.NO.40/2022 IN CC.NO.16/2022, DISTRICT CONSUMER COMMISSION, MEDAK AT SANGAREDDY Between:

1. The Manager, United Bank of India, Branch at Plot No.4, Beside Merimata Church, Sanjeevnagar, Sangareddy Town And District.

2. The Manager, Punjab National Bank, Sangareddy Branch, H.No.4-8-86/C, Ground Floor Manjeeranagar, Sangareddy Town and District.

3. The Chief Manager, Punjab National Bank, Authorized Officer, Circle Office, Secunderabad Circle – 103, Door No.8-2- 248/A, Maharshi House, Road No.3, Banjara Hills, Hyderabad – 500 034. …Revision Petitioners/

Respondents/Opp.Parties And :

1. Chapte Shivashankar S/o.Baswaraj, aged about 35 years, Occupation: Pvt. Employee, R/o.H.No.5-2-92/2 New, 5-2-51 old, Saikrupanagar, Sangareddy Town and District.

….Respondent/

Petitioner/Complainant

2. M/s.Bajaj Allianz Life Insurance Co.Ltd., Rep. by its Regional Manager, 4th Floor, No.5th East Plaza, Opp. RTA Office, Beside BMW Showroom, Erramanzil, Hyderabad.

….Respondent/

Respondent No.4/Opp.Party No.4 Counsel for Revision Petitioners/

Respondents/Opp.Parties : M/s.Kalpana Ekbote Counsel for Respondent/

Petitioner/Complainant : M/s. Ch.Baswaraj Counsel for Respondent/

Respondent No.4/Opp.Party No.4 :Sri Gangadhar Rao Deshpande QUORUM:

HON’BLE SMT. MEENA RAMANATHAN, IN-CHARGE PRESIDENT &

HON’BLE SRI K.RANGA RAO, MEMBER-JUDICIAL FRIDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND TWENTY THREE ******

Order: (Per Hon’ble Smt. Meena Ramanathan, I/C President)

1. This Revision Petition is filed by the Petitioners/Opposite Parties under section 47(1) (b) of Consumer Protection Act, 2019, praying this State Commission to set aside the orders dated 10.08.2022 made in IA.No.40/2022 in CC.No.16/2022 passed by the learned District Consumer Disputes Redressal Commission, Sangareddy and consequently close the main CC.No.16 of 2022 as against the Petitioners herein.

2. In brief, the Complainant filed a complaint vide CC.No.16/2022 before the District Commission, Medak at Sangareddy stating that he and his wife wished to purchase a residential house at Malkapur (V), Kondapur (M), Sangareddy District and approached Opposite Party No.1, the Union Bank of India for a loan. The loan was taken in the name of his wife Smt.Sheri Aruna and the loan, he submits was insured through Opposite Party No.4 i.e., Bajaj Allianz Life Insurance Company Limited. Hence, the loan issued by Opposite Party No.1 was covered by Opposite Party No.4.

3. Unfortunately, Smt.Sheri Aruna, the Complainant’s wife passed away on 26.11.2020 and as her legal heir, the Complainant filed an application on 18.02.2021 informing the same to Opposite Party No.1 with a request to settle the loan amount of Rs.48,00,000/- as per the terms of the policy issued by Opposite Party No.4.

4. It is his contention that although as per the terms of Insurance, the Opposite Party No.4 is due to pay the entire loan amount, the Opposite Parties 1 to 3 have issued a notice to the Complainant and in the name of his deceased wife to pay the loan amount. The Opposite Parties 1 and 2 have issued a notice on 29.05.2021 stating that the Complainant and his wife late Sheri Aruna are declared as willful defaulters and have threatened to initiate dire consequences. Since the Opposite Parties have failed to render effective service and have been deficient and negligent, the present complaint was filed seeking the necessary reliefs.

5. The Opposite Parties 1 to 3 have countered the above submissions stating that the District Commission has no jurisdiction to entertain the present complaint. The Complainant and his wife late Sheri Aruna being borrowers of the loan (Housing Loan) of Rs.44,80,000/- jointly have defaulted and failed in the repayment of Bank dues. Therefore, the Bank is proceeding for recovering its dues under the provisions of SARFAESI and other applicable laws. The allegation of deficiency and negligence against