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(Guest)

Home insurance charge - how to deal with this legally

Sir,

I had taken a home loan with a nationalized bank in 2009 in Chennai, and the loan was subsequently paid off and closed in 2012...I do remember that there was charge of around 6k added to my home loan account sometime in 2010 and when questioned , bank maintained that it is towards a home insurance charge taken for 10 years period...
Now that I had paid off and closed the home loan account , I had requested the bank to release me the home insurance documents so that I could get the Hypothecation released from it. kindly note that there is a new manager holding the position at the branch now.
But to all my surprise, when the bank made a request to the insurance company for the policy documents, the insurance company replied back saying that no such policy had been taken on my name/property, though there was a amount deducted from the home loan account for the same. After escalation, the bank's head office had asked for additional time to investigate on this matter.

So now, how should I proceed on this matter....What sort of a compensation can I expect or claim on this if it indeed becomes true that the bank actually had not purchased the policy though there was an insurance premium deduction made from my home loan account back in 2010.

please advise.
 



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

Without an Insurance policy on your house property you cannot claim insurance amount on the likelihood of  any damage to the property.  If you have proof that the bankers have deducted amount quoting the reason as insurance premium amount, you can claim compensation from the bankers directly or through appropriate consumer forum.  Now since it has been confirmed that the bankers never purchased the insurance policy, you claim for refund of the same with interest from the date of deduction, if they do not bother to reply send a legal notice and file a case against them through appropriate forum.

Sudhir Kumar, Advocate (Advocate)     04 November 2013

It appears that either you are cheated by bank or more apparent that you and bank have been cheated.

 

It is a Govt Bank and you can raise the matter to CVC.  At least lack of deligence is there on the part of bank officials.  Further if the insurance co is also Govt co then they are liable for complaint before CVC as in such cases the amount prima-facie appears embezzled.  In either case they are liable for complaint before IRDA.

Sudhir Kumar, Advocate (Advocate)     04 November 2013

in either case if you are satisfied that embexxlement has taken place you are free to go to the ilaqa thana where bank branch is located or where insurance branch is located.


(Guest)

Sir,

Thanks for the reply. I understand CVC is central vigilance commission but how to file a complaint with them? I see weblink...Are they so effective and responsive? I am currently residing abroad....

Also, I  had already created a complaint in this regard with IRDS IGMS online system but the thing is, since I don't have the policy details and not even the insurance company name for sure,I had to create the complaint under unregistered entity in the name of that  nationalized bank..and no complaint has been taken in this regards yet ,not even any sort of acknowledgement.

So, I filed a RTI with the nationalized bank requesting for the insurance policy documents and the list of all insurer that provided insurance for the customers during that year.

Do I need to tell the bank officials that i am moving this to CVC inorder for them to provide with a speedy resolution or compensation.

Please advise
 

Sudhir Kumar, Advocate (Advocate)     04 November 2013

you cannot seek trade secrets or information held in fiduciary capacity by using RTI.

S.R.Chandrasekaran (proprietor)     05 November 2013

1 File a complaint thru thr complaint register of the bank. with copy to their head office by regd post

2.file a complaint to the banking ombudsman.

3.seek confirmaion from the insurance co of the nonexistance of any policy pertaining to your loan

4.wait for reply

5.file a complaint to consuemr forum

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     10 November 2013

 Have you been sleeping all these years? You had not asked for the insurance. You should have objected right then and there. Your documents are held back as security for repayment of the loan amount. It has nothing to do with the insurance even if a policy had been issued.

The Ombudsman can reprimand the Bank officials and get back your money at the most. If you want only your money back with no interest you just write a threatening letter that you will complain to the Ombudsman. The bank manager will come running to you and pay you from his own pocket. But if he doesn't, do not go to the Ombudsman. Go to the Consumer Forum. They can not only get you back your money, but also interest and compensation.


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