STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN Date of Admission: 13.07.2018 Date of Final Hearing: 05.05.2025 Date of Pronouncement: 09.05.2025 SC/5/A/15/21 Smt. Meera Srivastava W/o Late Sh. Shailesh Kumar Srivastava R/o Near Janta Petrol Pump Old ITI, Bareilly Road, Haldwani (District Nainital)

(Through: Sh. Deepak Ahluwalia, Advocate)

…..Appellant VERSUS

1. The Branch Manager IFFCO Tokio General Insurance Co. Ltd.

H-1 (B), Durga City, Centre, Nainital Road Haldwani (District Nainital)

(Through: Sh. Suresh Gautam, Advocate)

…..Respondent No. 1

2. The Branch Manager Almora Urban Co-operative Bank Ltd.

Lalkuan (District Nainital)

(Through: Sh. Vaibhav Jain, Advocate)

…..Respondent No. 2 Coram:

Ms. Kumkum Rani, President Mr. C.M. Singh, Member

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against judgment and order dated

14.11.2014 passed by the learned District Consumer Disputes Redressal Forum, Nainital (hereinafter to be referred as the District Commission) in consumer complaint No. 01 of 2013 styled as Smt. Meera Srivastava vs. The Branch Manager, IFFCO Tokio General Insurance Co. Ltd., wherein and whereby the complaint was dismissed.

2. The facts giving rise to the present appeal, in brief, are as such that the complainant’s husband (now deceased) Sh. Shailesh Kumar Srivastava took a self-loan of Rs. 2 Lacs from the opposite party No. 2 and having tie- up with the opposite party No. 1, the opposite party No. 2 asked complainant’s husband to get issued an insurance policy from the opposite party No. 1 after depositing premium amount. Upon the instructions of the opposite party No. 2, the complainant’s husband deposited the premium amount with the opposite party No. 1 and cover note of the above said insurance policy bearing No. 41539030 / policy No. 51158578 were issued on 15.07.2010 to the husband of the complainant, according to cover note, the said policy was valid up to 14.07.2011. In the said policy, the complainant was shown as nominee of her husband and her name was written in the cover note of the said policy. The complainant’s husband started paying the monthly installments regularly to the opposite party No. 2 and it is pertinent to mention that at the time of sanctioning of the said loan amount it was agreed that in case of death of the borrower, the opposite party No. 1 will repay the loan amount to the opposite party No. 2. The complainant’s husband died on dated 15.06.2011 and the complainant intimated both the opposite parties about the same and also requested both the opposite parties to settle the above said loan matter among themselves and asked the opposite party No. 2 to issue ‘No Objection Certificate’ to the complainant. Inspite of several requests and after a lapse of long time, the matter was not resolved, moreover, the complainant received claim repudiation letter dated 04.01.2012 from the office of opposite party No. 1 situated at New Delhi containing the futile and wrong reason for repudiation as ‘The reason for the death of the deceased is not accidental as he died due to rabies which is not covered under the policy”. That after reading the said letter, the complainant got astonished and when she contacted both the opposite parties about the same, no heed was paid towards the matter. The complainant deposited the entire balance up to date loan amount with the opposite party No. 2. After paying the entire loan outstanding amount to the opposite party No. 2, the complainant sent a notice to the opposite party No. 1 for reimbursement of loan amount, but the opposite parties did not pay the amount Rs. 2 Lacs with interest from 15.06.2011 till the date of actual payment within 15 days of the receipt of the said notice, but the same was not yet paid, hence, there was a deficiency in service on the part of the opposite parties and due to their misdoings, the complainant has not only suffered great mental agony, but also financial losses. Therefore, the complaint was subm