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How to finalize opposite party in consumer case

A bank, for its education loan sanction, took an endowment policy in the name of the loan-availed person with a one-time payment of a huge amount as a shield for the loan. The bank withdrew the matured policy amount after four years of maturity, and it was realized in the branch account. The loan EMI was not paid since it was the wrong policy taken instead of the shield policy for a few hundred rupees. By a huge amount, the policy increased the loan too much, and it was disputed, and a complaint was filed with the bank's top officials. Even after this complaint inquiry, the bank has not resolved the isssue. Hence the EMI was not paid. The Relliance ARC after negotiation closed the loan by one time payment option. After closing the loan with no due certificate the loan availed person claimed his insurance amount with the bank with written request. The bank not paying his insurance money. When this case gone to Consumer Court whom he has to make as opposite pary. Bank or Insurance. He has not approached insurance and not accepted the endowment policy. He only marked the bank alone as opposite party. Is it right? But the opposite party says that it has to be (money) asked with the insurance company and bank is not to answer for this. How it is correct? Bank only purchased high premium policy and added the amont in loan account. He objected as on the date he received information and made complaint with the bank central office chief and it was accepted as wrong. Now say who is the opposite party. bank or Insurance ? If insurance How? He only ask the bank to give his insurance money. Is it right or not?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     03 July 2025

The amount for premium of insurance policy was deposited with the insurance company hence insurance company also should have been made as one of the opposite parties.


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