You are on page 1of 10

BEFORE THE HON’BLE STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, LUCKNOW

COMPLAINT CASE No. of 2019

Anurag Varshey ..Complainant

Versus

1. H.D.F.C Life having its registered office

at ,................................branch office at .............. through its

Authorised Signatory.

2. HDB Financial Services Ltd having its registered office at

Radika, 2nd Floor, Law Garden Road, Navrangpura,

Ahemdabad and Branch office at............................. through

its Authorised Signatory.

3. Mr. Sonu Verma, aged about ........... s/o ...........

..Respondents

COMPLAINT UNDER SECTION 17 OF THE CONSUMER

PROTECTION ACT, 1986


Respectfully Showeth:-
1. That at the outset it is submitted that this is the first

complaint being preferred by the complainant. No complaint

claiming identical reliefs have been preferred before any

forum or commission as such this is first complaint. The


complainant have not been served with the copy of caveat

from the respondents.

2. That by virtue of this complaint, the complainant is seeking

the refund of the amount of Rs. ................. along with 18%

interest from the date of filing of this complaint till the

disposal of this complaint amongst other reliefs as

enumerated herein below alleging the deficiency in service

committed by the respondents.


FACTS:-

3. That the complainant is the nominee in the insurance policy

opted by the complainant father Late Virendra Kumar

Varshnay as such is competent to file this instant

complaint.

4. That the father of the complainant, Late Shri Virendra

Kumar Varshney, proprietor of V. K Textile, having its

registered office at ……………….., on the request of Mr.

Sonu Verma (Respondent no.3) agent of HDB Financial

Services (Respondent No.2), took the loan of Rs.

15,00,000/- as Cash Credit and Rs. 3,00,000/- as personal

loan for the smooth functioning of the business in the

month of January, 2017 from HDB Financial Services,

Branch at Hathras, which was later on enhanced to Rs.

25,00,000/- in cash credit and Rs. 4,50,000/- in personal

loan.

5. That as a condition precedent for sanctioning the loan

amount, the officials of the HDB Financial Services

requested the Complainant father to opt for insurance


policy for securing the entire loan amount. On being

enquired into, the respondent no. 2 introduced the

respondent no. 1 to the complainant’s father for insurance

policy. The respondent no. 1 thereafter was also pleased to

offer an insurance policy for securing the loan amount to

the complainant father. The photocopy of the loan

documents and insurance policy are being annexed

herewith as ANNEXURE NO.1 to this Compliant.

6. That the loan amount so sanctioned included the policy

premium amount also as such equated monthly

instalments towards repayment of loan amount included

the instalment for payment of insurance premium also

which was paid to the HDFC Life Insurance. The photocopy

of the insurance policy is being annexed herewith as

ANNEXURE NO.2 to this Complaint

7. It is pertinent to mention here that the respondent no. 1 is

a wholly owned subsidiary of H.D.B Financial Service

Limited and the respondent no. 2 is promoted by H.D.B

Financial Service Limited as such the respondents are

promoted and managed by H.D.B group of Companies and

are co-related to each other.

8. That it is also relevant to mention that Respondent no.3,

who introduces himself as an agent of the HDB Financial

Services (Respondent no.2), gave the blank kit to the

Complainant‘s father for signature and also assure the

release of the amount in favour of the Complainant father


along with the insurance to the loan, as such the details

where mention in the loan documents were after the

signature of the Complainant and his father. The recording

of the Respondent no.3 is being annexed in the CD which as

marked as ANNEXURE NO.3 to this Compliant

9. That unfortunately on 30.03.2018, the complainant father

died. Consequently the complainant applied for coverage

sum under the insurance policy as opted from HDB

Financial Services for repayment of outstanding amount in

the loan account as assured officials of HDB Financial

Services as per the required formalities. The photocopy of

the dead certificate and the application for coverage sum

under the policy are being marked as ANNEXURE NO.4 to

this Compliant.

10. That the representatives of the HDB Financial Services

visited the premises of the complainant and sought

requisite information which was furnished thereafter,

further the representatives of Respondent no.2 requested

the complainant to write the letter as narrated by

Respondent no.2, so that the insurance claim amount can

be disbursed in favour of the complainant. The recording of

the official of the Respondent no.2, wherein the official has

admitted the fact of narration of the letter is being recorded

in the CD marked as ANNEXURE NO.5 to this Compliant

11. That soon after that the officials of the Respondent no. 1

and 2 send various demand notices to the complainant and


when the complainant approached the office of the

Respondents, the claim of the complainant was rejected on

the ground that the name of the complainant was written in

place of LIFE ASSURED and nominee is the father of the

complainant as such the claim of the insurance police

cannot be given to the complainant. The photocopy of the

demand notices and the rejection of the claim letter are

being annexed herewith as ANNEXURE NO.6 AND 7 to this

Compliant

12. That the complainant was shocked and when the same

was verified from the Respondent no. 3,who himself

admitted the fact that the Loan Agreement and all other

loan documents and insurance documents where blank at

the time of the policy and the insurance policy was made in

favour of the father of the complainant only.

13. That Respondent no.3 also admitted that the Officials

and higher authority are playing fraud on them and they

had also forced him to give his resignation as he was raising

voice against the officials of Respondent no.1 and 2.

14. That when the loan documents were supplied to the

complainant it came into the knowledge about the fraud

being done by the officials of the HDB Financial Services.

15. That it is pertinent to mention here that the complainant

has also made the compliant before the Superintendent of

Police, Hathras against the respondents against the fraud

and unfair trade practice. The photocopy of the compliant


send to Superintendent of Police, Hathras on 05.11.2018 is

being annexed herewith as ANNEXURE NO.8 to this

Compliant.

16. That it is submitted that the benefits ought to have

provided as per the schedule has been detained falsely by

the respondent no. 1 on the ground of mentioning of the

name of the complainant father as the nominee of the

insurance policy when the fact is that the respondents have

given blank kit to the Complainant for signature.

17. That respondents have mis-interpreted the terms and

conditions of the policy and have acted in sheer abuse of

process of law as such are liable to compensate the

complainant for the amount of loss which the complainant

is suffering.

18. That the respondents are involved in unfair trade

practices by acting in connivance and befooling the

innocent consumers of which the complainant is a victim as

such the above mentioned acts of the respondents

constitute the conditions of deficiency in service in result

amount to unfair trade practises which cannot be annulled

except by the order of this Hon’ble Commission.

19. That due to the act of the respondents as enumerated

herein above, the complainant is unnecessary burdened

with the amount of interest or such other charges which

may be charged by the respondent no. 2 in the loan


account, the sole liability of which is of the respondent no.

1.

20. That it is also relevant to mention here that now the

Respondents have initiated the proceedings under the

arbitration act against the complainant in gross violation of

their terms and condition and with the malafide intention to

recover the amount from the complainant.

21. That the cause of action for filing the complaint aroused

on ........... when the respondent no. 1 repudiated the claim

of the complainant and detained the amount accrued as per

the benefit schedule as such the instant complaint is being

filed within the period of limitation.

22. That the loan account of the complainant was

maintained by the respondent no. 2 in Hathras, the loan

amount was sanctioned by the respondent no. 2 from

Hathras, the amount of service exceeds the amount of Rs

20,00,000 (Twenty Lakh) as such this Hon’ble Commission

has pecuniary Jurisdiction to entertain the present

complaint.

PRAYER
Wherefore it is most respectfully prayed that this Hon’ble

Commission may graciously be pleased to:-


a) Order and Direct the respondents to pay

Rs ....................................) or such other amount in the

loan account be stated by the respondent no. 2 along

with 18% interest till the final payment to the

complainant;
b) Order and direct the respondents to pay Rs 1,50,000

towards the cost of mental agony and harassment;


c) Order and direct the respondents to pay Rs 55,000

towards the cost of litigation;


d) Or such other relief as this Hon’ble Commission may

deem fit in the light of facts and circumstances and in

the interest of justice, equity and good conscience.

Date:- Anurag Varshnay

Place:- Lucknow (Complainant)

Prashant Kumar Kushagra Dikshit

Advocate Advocate

(Counsel for Complainant) (Counsel for Complainant)


BEFORE THE HON’BLE STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, LUCKNOW

COMPLAINT CASE No. of 2019

Anurag Varshnay ..Complainant

Versus

H.D.F.C Life and others

..Respondents

APPLICATION FOR INTERIM RELIEF

Respectfully Showeth:-

For the facts, reasons and circumstances stated in the memo of

complaint it is most respectfully prayed that this Hon’ble

Commission may graciously be pleased to direct the respondent no.

2 to not to take any coercive steps against the property of the

complainant and to further not charge any interest or such other

charges till the pendency of the complaint.

Date:-

Place:- Lucknow
Prashant Kumar Kushagra Dikshit

Advocate Advocate

(Counsel for Complainant) (Counsel for Complainant)