STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/372/2022 null THE MANAGER HDFC LTD MALAPPURAM PRESENT ADDRESS - BANA CENTRE MIDDLE HILL MALAPPURAM P O 675505 ,KERALA.

.......Appellant(s)

Versus SASIKUMAR V K PRESENT ADDRESS - KALARIKKAL HOUSE VALLUVANGAAD SOUTH PIN 676521 PANDIKAD MALAPPURAM ,KERALA.

.......Respondent(s)

BEFORE:

SRI.RADHAKRISHNAN.K.R , PRESIDING MEMBER FOR THE APPELLANT:

THE MANAGER HDFC LTD MALAPPURAM, In-Person FOR THE RESPONDENT:

SASIKUMAR V K, In-Person DATED: INVALID DATETIME

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL Nos. 363/2022 and 372/2022 COMMON JUDGEMENT DATED: 12.03.2025 (Against the order in C.C.No.45/2019 of the DCDRC, Malappuram)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPEAL No. 363/2022 APPELLANT:

The Manager, HDFC Standard Life Insurance Company LimitedC.M, Mathew Bros. Arcade, Kannur Road Chakkarothukulam, Kozhikode- 673 005.

(By Adv. Saji Isaac K.J)

Vs.

RESPONDENTS:

1. Sasikumar V.K, Kalarikkal (H), Valluvangaad South Pin 676521, Pandikkad, Malappuram Dist.

(Party in person)

2. The Manager,Housing Development Finance Corporation Limited,Bana Centre, Middle Hill,Malappuram P.O,Pin – 675 505 (By Adv. S. Reghukumar and Adv. Threya Pillai)

APPEAL No. 372/2022 APPELLANT:

The Manager,Housing Development Finance Corporation Limited,Bana Centre, Middle Hill,Malappuram P.O,Pin – 675 505.

(ByAdv. S. Reghukumar and Adv. Threya Pillai)

Vs.

RESPONDENTS:

1. Sasikumar V.K, Kalarikkal (H), Valluvangaad South Pin 676521, Pandikkad, Malappuram

Dist.

(Party in person)

2. The Manager, HDFC Standard Life Insurance Company Limited, C.M, Mathew Bros.

Arcade, Kannur Road Chakkarothukulam, Kozhikode 673 005.

(By Adv. Saji Isaac K.J)

COMMON JUDGEMENT SRI. K.R. RADHAKRISHNAN: MEMBER These appeals are filed under Section 41 of the Consumer Protection Act, 2019 by the opposite parties in C.C. No.45/2019 on the files of the District Consumer Disputes Redressal Commission, Malappuram (the ‘District Commission’ for short). As per the order dated 13.05.2022, the District Commission had allowed the complaint and directed as under:

1. “The first opposite party is restrained from realizing the outstanding loan amount in respect of loan account maintained by the first opposite party as housing loan account No.314604168 in the name of Mrs. Vineetha. N, the wife of the complainant.

2. If at all the first opposite party is entitled for the outstanding loan amount and interest thereon, the first opposite party is at liberty to proceed against second opposite party since the policy in dispute was assigned in favour of the first opposite party at the time of inception of the policy.

3. The opposite parties are directed to pay Rs.2,00,000/- (Rupees two lakh only)

as compensation to the complainant on account of deficiency in service and unfair trade practice and thereby caused hardships, inconvenience and mental agony to the complainant.

4. The first opposite party is directed to deliver all the documents to the complainant who was entrusted to the first opposite party as part of loan transaction.

5. The opposite parties are hereby directed to pay Rs.20,000/- (Rupees twenty thousand only) to the complainant as costs of the proceedings.

The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount of Rs. 2,20,000/- (Rupees Two Lakh Twenty Thousand only) will carry interest @ 12% per annum from the date of this order till realization.”

2. The second opposite party insurer has filed Appeal No.363/2022 and the first opposite party, HDFC Ltd has filed Appeal No.372/2022 challenging the said order. As both the appeals have arisen out of the same order, these appeals are considered together.

3. The brief details of the complaint are as follows:

The complainant’s wife Vineetha had taken a housing loan from the first