STATE CONSUMER DISPUTES REDRESSAL COMMISSION
STATE BANK OF INDIA – Appellant
Versus
SMT. JAI KUMARI CHOUDHARY & ORS – Respondent
SC/22/A/24/47
FA/24/65 AFR / NAFR CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION PANDRI, RAIPUR APPEAL No.- FA/24/47 Date of Institution: 24/01/2024 Date of Final Hearing: 06/01/2025 Date of Pronouncement: 17/01/2025 IN THE MATTER OF :
Branch Manager, State Bank of India, Branch: Pithora, Dist. Mahasamund (C.G.) … O.P No.1 /Appellant Through: Shri N.K. Shrivastava, Advocate Vs.
1. Smt. Jai Kumar Choudhary, W/o. Late Shri Santosh Prakash Choudhary R/o. Ward No.15, Lakhagarh, Pithora, Tah. Pithora, Dist. Mahasamund (C.G.) … Complainant /Respondent No.1 Through: Shri Manish Mishra, Advocate
2. Branch Manager, SBI Life Insurance Company, Near Bandhan Bank, BTI Road, Dist. Mahasamund (C.G.) … O.P. No.2 /Respondent No.2 Through: Shri Anshul Mishra, Advocate
3. Branch Manager, HDFC Life Insurance Corporation Ltd., Third Floor, Pujari Chamber, Right Wing, Block B-2, Pachpedi Naka, Raipur (C.G.) … O.P. No.3 /Respondent No.3 Through: Shri Mahesh Tiwari, Advocate APPEAL No.- FA/24/65 Date of Institution: 02/02/2024 Date of Final Hearing: 06/01/2025 Date of Pronouncement: 17/01/2025 IN THE MATTER OF :
Branch Manager, SBI Life Insurance Company, Near Bandhan Bank, Near Old Malaria Office, BTI Road, Mahasamund, Dist. Mahasamund (C.G.) … O.P. No.2 /Appellant Through: Shri Anshul Mishra, Advocate Vs.
1. Smt. Jai Kumar Choudhary, W/o. Late Shri Santosh Prakash Choudhary R/o. Ward No.15, Lakhagarh, Pithora, Tah. Pithora, Dist. Mahasamund (C.G.) … Complainant /Respondent No.1 Through: Shri Manish Mishra, Advocate
2. Branch Manager, State Bank of India, Branch: Pithora, Dist. Mahasamund (C.G.) … O.P No.1 /Respondent No.2 Through: Shri N.K. Shrivastava, Advocate
3. Branch Manager, HDFC Life Insurance Corporation Ltd., Third Floor, Pujari Chamber, Right Wing, Block B-2, Dhamtari Road, Pachpedi Naka, Raipur (C.G.) … O.P. No.3 /Respondent No.3 Through: Shri Mahesh Tiwari, Advocate CORAM: -
HON’BLE SHRI JUSTICE GAUTAM CHOURDIYA, PRESIDENT HON’BLE SHRI PRAMOD KUMAR VARMA, MEMBER FA/24/65 PRESENT IN BOTH APPEALS: -
Shri N.K. Shrivastava, Advocate for State Bank of India.
Shri Manish Mishra, Advocate for Smt. Jai Kumar Choudhary.
Shri Anshul Mishra, Advocate for SBI Life Insurance Company.
Shri Mahesh Tiwari, Advocate for HDFC Life Insurance Corp. Ltd.
O RDE R
PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT This order will govern disposal of both these appeals, filed under Section 41 of the Consumer Protection Act, 2019 (hereinafter called “the Act” for short), arising out of the same impugned order dated 13.12.2023 passed by District Consumer Disputes Redressal Commission, Mahasamund (C.G.) (hereinafter called the “District Commission” for short) in Complaint Case No.CC/23/2023, whereby the complaint was partly allowed against the opposite party Nos.1 & 2 directing them to jointly and severally pay within 45 days the outstanding amount of loan obtained by husband of the complainant Late Santosh Kumar Choudhary along with compensation for mental agony Rs.20,000/- (Twenty Thousand) and cost of litigation Rs.3,000/- (Three Thousand). Feeling aggrieved the opposite party Nos.1 & 2 have challenged the impugned order by way of both these appeals. Hereinafter in this order, for the purpose of convenience, the parties will be referred as per their original nomenclature before the District Commission.
2. Briefly stated the facts of the case are that the husband of the complainant on 17.02.2020 obtained housing loan of Rs.31,50,000/- from opposite party No.3 and to secure the loan amount Rin Raksha Insurance was also obtained. On 31.03.2022, impressed by the offer of low rate of interest on loan amount and many other facilities by opposite party No.1, the husband of the complainant transferred the loan account to opposite party No.1 State Bank of India, Pithora Branch for a loan amount of Rs.30,80,000/-. In order to secure the loan amount, on 15.07.2022, Rs.2,888/- and Rs.9,000/- totaling Rs. 11,888/- was withdrawn from FA/24/65 account number 40885717396 of the complainant's husband S
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