SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(SCDRC) 2173

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
STATE BANK OF INDIA – Appellant
Versus
SMT.CHANDRAKALA – Respondent
SC/CB1/29/RBT/A/971/2019



Petitioner Advocates:B.C. GURU ,Respondent Advocate: UDAY HONGUNTIKAR

sc I cBL I 29 I RBt I A I 97 I I 2(J19 Date of filing: 21.06.2019 Date of disposal: 10.02.2026 BEFORE THE CIRCUIT BENCH KALBURGI STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KALBURGI DATED: loth DAY OF FEBRUARY 2026 PRESENT CORAM: HON,BLE MT, JUSTICE T.G. SHIVASHANKARE GOWDA - PRESIDENT and -

HON,BLE MTS. DIVYASHREE M LADY MEMBER sc I cBL I 29 I RBT I Al 97 t I 2019 State Bank Of India, Mannaekhelli Branch, Humnabad Taluk, -

Mannaekhelli 585 227, Represented by its Branch Manager Mr. Narayana M (Rep. by Sri. N.G. Biradhar, .....Appellant/s.

Advocate)

-Yls-

1) Smt. Chandrakala Aged Major, sc I cBt I 29 I RBT I A I 97 1 I 2(J19 Wo. Late Sri. Veerabhadrappa Panchal, Resident of:

Village Talmadgi, Humnabad Taluk, Bidar District, Presently Residing at:

Shivnagar, South Bidar, (Rep. by Sri. Basu Pattar, Advocate)

2) SBI Life Insurance Company Ltd., Registered and Corporate Office at:

Natraj, M.V. Road, and Western Express, Highway Junction, Andheri East, Mumbai - 400 053.

(Rep. by Sri. K.P. Thrimurthy, Advocate) .....Respondent/s.

ORAL ORDER (PER:HON'BLE Mr. JUSTICE T.G. SHIVASHANKARE GOWDA, PRESIDENT)

This Appeal is filed by the opposite party No.2 Under Section 15 of the Consumer Protection Act, 1986 challenging the order passed in C.C. No.6l/20t7,

I

sc I cBt I 29 I RBT I A I 97 L I 2019 Redressal Forum, Bidar (in short "the District Commission").

2. The Appellant was the opposite party No.2, Respondent No.1 was the Complainant and Respondent No.2 was the opposite party No.1 before the District Commission.

3.

The rank of the parties shall be referred to as per their status before the District Commission.

4. The brief facts of the case is that, one Veerbhadrappa Panchal (in short the deceased) is the husband of the complainant. He was working AS Lecturer in Chandrashekar P.U. College, Mannaekhelli, Tq-Humnabad in Bidar District. During his lifetime the deceased has availed the housing loan of Rs.3,90,000/- on 18.06.2007 for the purpose of purchasing the Plot No.46, corresponding to C.M.C. No.19-1-153 at Shivanagar South, Bidar Town. The deceased has sc I cBL I 29 I RBT I A I 97 L I 20 L9 obtained the Super Suraksha Plan from opposite party No.1 vide Master policy bearing No.83001000203, dated: 19.06.2007. As per the terms of the Master policy, the outstanding loan with interest will be paid by the insurance/OP-1 on the death of the policy holder. Till his death the deceased was paying the EMIs regularly. On 09.07.2008 he died in a road traffic accident. The outstanding loan was Rs.3,80,580/-

as on the date of the accident. As per the terms of the Master policy, the said amount has to be paid by the opposite party No.1 to opposite party No.2.

Complainant being wife has made a claim to the opposite party No.1 through opposite party No.2. The insurance company has settled a sum of Rs.3,74,356/- and it was credited to the account of the deceased. The insurance company has made a short payment of Rs.6,224/- to the loan account and hence the loan account was not closed. After opposite party No.Z-

Bank has collected Rs.77,467/- forced her to remit a sc I cBt I 29 I RBT I A I 97 L I 20L9 sum of Rs.18,000/- on 07.02.2011. Thus, an additional amount of Rs.35,647/- is collected. Hence pleading deficiency of service, the complainant has filed complaint before the District Commission.

5.

Opposite party No.1 has opposed the complaint by filing the version contending that, the District Commission has no territorial jurisdiction.

On

08.08.2009 the claim was received and same has been settled for Rs.3,74,356/- on 17.08.2009 by crediting the same to the loan account. A sum of Rs.6,224/- was deficit and it has been calculated with interest at tt.25o/o per annum from 17.08.2009 to till date. The complainant has agreed to reimburse the said amount.

5.

The opposite party No.2 in its version contended that, loan outstanding was Rs.3,84,2L6/- and not Rs.3,80,580/-. The opposite party No.1 has paid the sclcBLt29 / RBT I At97Lt2019 settlement amount oF Rs.3,81,000/- on 04.09.2009 an

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top