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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 509 OF 2020
 
(Against the Order dated 26/06/2020 in Complaint No. 512/2016 of the State Commission Delhi)
1. ICICI LOMBARD GIC LTD.
THROUGH AUTHORISED REPRESENTATIVE, 4TH FLOOR, RED FORT CAPITAL PARSVNATH TOWER, BHAI VEER SING MARG GOLE MARKET ,
NEW DELHI-110001.
...........Appellant(s)
Versus 
1. NEEMA SAINI & ORS.
77, SAINI ENCLAVE, IP EXTENSION, PART -II, VIKAS MARG,
NEW DELHI-110092
2. ICICI BANK LIMITED
VIDEOCON TOWER , JHANDELWALAN
NEW DELHI-110055.
...........Respondent(s)
FIRST APPEAL NO. 516 OF 2020
 
(Against the Order dated 26/06/2020 in Complaint No. 512/2016 of the State Commission Delhi)
1. ICICI BANK LTD.
ICICI BANK TOWERS, 2ND FLOOR, NBCC PLACE, BHISMA PITAMAH MARG,
NEW DELHI-110003.
...........Appellant(s)
Versus 
1. NEEMA SAINI & ANR.
W/O LATE SHIR DHARAMBIR SAINI, R/P-77, SAINI ENCLAVE, I.P. EXTENSION, PART-II, VIKAS MARG,
NEW DELHI
2. ICICI LOMBARD GENERAL INSUNRACE COMPANY LTD.
3RD FLOOR, NARAIN MANZIL, 23, BARAKHAMBA ROAD, CONNAUGHT PLACE,
DELHI-110001.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE DR. S.M. KANTIKAR,MEMBER

For the Appellant :
For ICICI Lombard General Insurance Company Ltd.
For ICICI Bank Ltd. :
: Mr. Apoorva Saxena, Advocate
Mr. Hemant Gupta, Advocate
For the Respondent :
For Ms. Neema Saini : Mr. Deepak Jain, Advocate

Dated : 16 Nov 2020
ORDER
  1. < > two Appeals, First Appeal No. 509 / 2016 and First Appeal No. 516 / 2020, have been filed by ICICI Lombard General Insurance Company Ltd. (hereinafter referred to as the Appellant Insurance Company) and ICICI Bank Limited (hereinafter referred to as the Appellant ICICI Bank)  respectively against the Order dated 26.06.2020 passed by the State Consumer Disputes Redressal Commission Delhi (hereinafter to be referred to as “State Commission”), whereby the Complaint filed by Ms. Neema Saini (hereinafter referred to as the Complainant) was allowed and the Appellant Insurance Company and the Appellant ICICI Bank were directed to allow the claim preferred by the Complainant within two months from the date of receiving of the certified copy of the Impugned Order.  They were also directed to pay ₹25,000/- towards costs for causing harassment to the Complainant.

    Brief facts of the case as narrated in the Complaint are that the Complainant’s husband Sh. Dharamvir Saini obtained a Home Loan No. LBDEL00002032769 for ₹75,00,000/- from the Appellant ICICI Bank.It was alleged that after insisting by the Appellant ICICI Bank, her husband obtained Insurance Cover for ₹75,00,000/- from the Appellant Insurance Company to safeguard the Housing Loan and it was told that in the event of his unfortunate death, his legal heirs would not be required to pay any loan and the entire loan would be paid off from the amount received from the Appellant Insurance Company.The Appellant ICICI Bank charged a sum of ₹3,43,980/- towards premium of the said Insurance Policy which was adjusted in the Home Loan and it was required to be paid by Shri Dharamvir Saini alongwith EMI of Home Loan.It was alleged that Insurance Policy was collected by the Appellant ICICI Bank and was not issued to the Complainant on the ground that he may cancel it in which event the loan would remain unrecovered.After two years from obtaining the Policy, i.e., on 20.10.2015 Shri Dharamvir Saini had fallen sick and was admitted in Max Healthcare Super Specialty Hospital.He could not survive and expired on 25.10.2015 due to septic shock with MODS.The Hospital issued the death summary.The Appellant ICICI Bank asked the Complainant to sign some documents for lodging claim with the Appellant Insurance Company.The Complainant received letter dated 23.11.2015 from the Appellant Insurance Company for submission of relevant documents, which were duly submitted.Despite repeated visits to the Appellant Insurance Company and the Appellant ICICI Bank, claim was not processed.Ultimately, the App

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