BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 498 OF 2020 AGAINST ORDERS IN C.C.101/2018 DISTRICT CONSUMER COMMISSION-III, HYDERABAD Between:

1. HDFC ERGO General Insurance Company Limited, Regd., Off. 1st Floor, 165-166, Backbay Reclamation, H.T.Parekh Marg, Churchgate, Mumbai-400 020, Rep. by its Authorized Person.

2. HDFC ERGO General Insurance Company Limited, Customer Service Office, 6th Floor, Leela Business Park, Andheri Kurla Road, Andheri (East), Mumbai-400 059.

3. HDFC ERGO General Insurance Company Limited, 4th Floor, Office No.: 401 & 402, Kuchkulla House, Himayat Nagar, Hyderabad – 500 029.

……..Appellants/ Opposite Parties And:

Mrs.Pothukuchi Surya Annapuran Santhy Kamal, W/o Venkata Srikanth, Aged : 38 years, R/o Flat No.116, D.No.2-4-907/116, Rinda Residency, New Nagole, Kothapet, Hyderabad-500 035. ……..Respondent/Complainant Counsel for the Appellants/Opposite Parties : Sri N.Srinath Rao.

Counsel for the Respondent/Complainant : M/s Singam Srinivasa Rao.

QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI. V.V.SESHUBABU, MEMBER – (JUDICIAL)

FRIDAY, THE 24^th DAY OF JANUARY TWO THOUSAND TWENTY FIVE **********

Order : (PER HON’BLE SRI. V.V.SESHUBABU, MEMBER – JUDICIAL)

1. The appeal is filed u/s 41 of Consumer Protection Act, 2019 by the Opposite Parties No.1 to 3, aggrieved by the order of District Consumer Commission-III, Hyderabad, dated 30.12.2019 in CC 101/2018, where under the opposite parties were directed jointly and severally (i) to pay the balance EMIs (if any) on the home loan of the deceased/insured to their HDFC Bank (EMIs to be calculated from the date of death of the insured) (i.e.10.06.2017) till last EMI; (ii) to refund (if any), the amounts of EMIs’ on home loan, paid to the bank by the complainant from the death of her husband till date; (iii) to pay the 100% sum insured amount on Home Suraksha Plus with policy No.2918 2004 9152 3800 000 and on Sarv Suraksha Policy with No.2950 2009 4198 2600 000 of the deceased to the nominee wife along with interest @ 9% from the date of death (i.e.10.06.2017) till realization; and (iv) to pay a compensation for the mental agony and hardship caused to the nominee/widow, a sum of Rs.50,000/-. Time for compliance is 30 days only, failing which the opposite parties shall pay an interest @ 12% on all the above mentioned reliefs.

2. The brief averments of the complaint are that the husband of the complainant purchased flat at New Nagole by obtaining loan from opposite parties for a sum of Rs.12,00,000/- in the year 2006 and he also took a top-up loan of Rs.5,20,830/- in the year 2013; that during this period, the bank authorities advised to take home loan protection insurance coverage by paying Rs.4,575/- for personal loan and Rs.20,830/- for top up loan, which will help to take over/waiver of the entire personal loan including top up loan in case, anything happens to the insured/loane; that the opposite parties issued policy bearing No.2918 2004 9152 3800 000, dated 30.04.2013 for top up loan after receiving a premium of Rs.20,830/-, covering the period from 30.04.2013 to 29.04.2018; that they issued another policy bearing No. 2950 2009 4198 2600 000, dated 24.12.2014 for a personal loan, after receiving a premium of Rs.4,575/- and the period of insurance is 60 months or loan tenure, whichever is earlier; that while obtaining all these premium, on believing the words of the opposite parties, the complainant’s husband signed the incomplete proposal forms; that these policies are not health policies, so no questions were put to him with regard to health of the complainant’s husband. In fact, while taking these policies, he was hale and healthy and he had no knowledge of any adverse health condition as he never felt any discomfort; that in the year 2015, when suddenly the complainant’s husband felt discomfort so, he visited the hospital, there they informed that his kidneys were damaged and doctors advised him for transplant