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Insurance claiming for mortgage loan in case of death of borrower
Question
Sir,
I’am Suriti Hariteja ,age 31, My mother (Suriti Sarala) took a mortgage loan of Rs.35,00,000/-(Thirty five lakhs loan) from Shri Ram City union Finance on dt.26.07.2014. (4 commercial shops total 77 sq.yds )has been mortgaged to this finance by mother.
The whole mortgaged agreement is in between the names of my mother (Suriti Sarala) and Shri Ram City union Finance.
At the time of agreement they took my (Suriti Hariteja) individual 60 cheques (as the loan is of 60 EMI and Rs.1,06,458/- for each installment), as at that time my mothers cheques were not available so i gave my cheques for them. And they included me as CO-BOROWWER by taking my signatures on the loan agreement (but at that time I was a student and no income and even no properties are on my name)
Unfortunatly My mother(Suriti Sarala) was EXPIRED on 11.12.2014. She had met with fire accident in my home. But due to disputes between me and my sisters husband , my sister registered a false criminal case 302 IPC on me (Suriti Hariteja) stating that I am responsible for my mother death, Her intention was to grab the entire property after sending me behind the bars.
However case was aqquital and dismissed in the year 2015.
Now the problem is , this Shri Ram City Union Finance sent me possession notice i/s 13 (4) of SARFAESI Act and I have to clear and pay the loan amount as I am the co-borrower with in 60 days of Rs. 2,08,10,727 ( Two crores eight lakh ten thousand seven hundred twenty seven rupees). BUT loan availed was 35,00,000 ( Thirty five lakhs rupees in the year 2014 ).
Mean while they (Shri Ram City Union Finance) have filed a case in sole arbitrator in the year 2016 and in the year 2017 arbitration award has been passed to pay the loan amount of Rs.64,68,873/-. without considering the insurance point.
And also they (Shri Ram City Union Finance) have filed a cheque bounce case agaist me in the court year 2023 and that is still pending in the court as on today still it is awaited summons stage.
I(Suriti Hariteja) asked them (Shri Ram City Union Finance) to claim for insurance, but they are saying that insurance will not cover for suicidal death, and moreover You are the accused in that case so we will not cover the insurance. Here the fact is death of my mother is beyond the reasonable doubt and it is a fire accident and case was aqquital and dismissed in the year 2015.
But I (Suriti Hariteja) argued with the finance that case on me is not proved. So I have a right to claim the insurance for the mortgage loan ( I’am claiming my mothers insurance as she is no more and her loan is still exists.) and submitted the relavent documents to claim the insurance like death certificate and FIR copy and court order 302 case and other insurance companies claimed cheques. ( here I made a successful claims from sbi life policy, government of india postal policy , car insurance and lic policy and I have received cheques from all the above mentioned companies regarding claim except Shri Ram City Union Finance) . Finance people said that your Insurance got rejected at that time in the year 2017. Now They are saying that there is no insurance taken if you have any proof you if you have any proof of insurance then we will try to make any claim or else we auction the property.
Moreover this finance have done insurance in their own company. So they started bluffing me that there will be no chance of getting insurance. They collected insurance amount separately by saying (Insurance is about If the borrower die in between the span of loan tenure, then the whole loan will be paid by the insurance company. ) and gave a receipt for that they did not deducted the insurance amount from the loan amount. At that time they stated that already cheque has been printed for the loan amount and it is to take insurance mandatory by paying the amount separately so my mother gave cash for insurance and acknowledged the receipt. But due to fire accident I could not trace out that insurance receipt. Taking that as an advantage they are saying that if you have any proof of insurance then we will try to make any claim or else we auction the property. They are fixing the liability on my name as I ‘am her legal heir and also the co-borrower
Now property is in my name (Suriti HariTeja) as me and my sister partitioned the properties. But Tecnically My mother made a registered deposit of title deed to Shri Ram City Union Finance.
Guarantor is my neighbour. He is also getting worried about this issue as he also got a notice form (Shri Ram Cit Union Finance) stating that he stood as guarantor and he is also liable to pay the loan.
And as a co borrower I am getting the same notice.
Now they are hiding the insurance part and skipping the insurance policy part and asking me reverse whether if I am having any proof of insurance? (taking advantage that I don’t have any proof of insurance copy ). They are demanding me 50,00,000 ( fifty lakhs ) to make dd in favour of Shri Ram City Union Finance with in 3 days after that they will come for negotiation or else go for DRT and file a case any how for DRT again I have to pay 20 percent of 2 crores amount that will also be nearly 50 lakhs and any how if that deposit amount which I will pay in DRT also company will claim in 2 days now you decide. This is how they are threatening me.
1.How can I get insurance copy from the company ? which they are hiding ! Can I file any writ in high court ?, Do RTI help in this peek situation?
2.How can I claim the insurance amount ( because I am 100 percent sure that insurance is there but they are hiding that part … at some point they have collected the relavent papers from me to claim the amount )
3.Can I make a criminal case against the company for making wrong cheque bounce case against me ( because the cheques issued by me during the loan as coborrower in the year 2014, I had closed my account in the year 2015 itself and now how come they utilize that blank cheque and file a ni 138 cheque bounce case against me?
4. Is there any chance for me to go for appeal in arbitration award passed in the year 2018 apart from going to DRT by paying 20 percent of huge amount outstanding of 2.17 crores.
5. Is there any chance to go to high court in this matter at this stage?
6. Is it true that If I go to DRT I have to initially pay 20 percent of total outstanding (2.17 crores ). If no how much expenses will I get for the above said 2.17 crores outstanding.
7. Any other suggetions regarding time drag or insurance claim or any new case to file in High court or going to apeeal in arbitration or any chance to Reshedule the loan at this stage ? or ANY one time settlement option (OTS) (AS finance is not giving any opportunity for ots at this stage ) or any other suggetions please help me in this issue
THANK YOU.
Answer ( 1 )
You can file an RTI with IRDAI (Insurance Regulatory and Development Authority of India) to trace the insurance policy taken by Shri Ram City Union Finance in your mother’s name, or alternatively file a writ petition in the High Court seeking directions to the finance company to disclose insurance details and to stay the SARFAESI proceedings. Since you assert that insurance was paid separately and the loan was insured, you may also file a consumer complaint or a civil suit for deficiency of service and unfair trade practice if the insurance claim was wrongfully denied, especially as you have already submitted relevant documents like the death certificate, FIR, and acquittal order.
Regarding the cheque bounce case, if the cheques were issued in 2014 and your account was closed in 2015, and the finance company used those cheques in 2023, you can file a criminal complaint for misuse and also move a quashing petition to quash the cheque bounce proceedings.
While an appeal under Section 34 of the Arbitration Act is normally time-barred, if fraud or suppression of insurance is proven, you can seek condonation of delay or explore writ remedy to challenge the arbitration award.
You may directly approach the DRT under appropriate Section of SARFAESI Act without paying any upfront fee. You can also request a One-Time Settlement (OTS) or loan restructuring while pursuing these legal remedies, although it appears the finance company is currently not open to negotiation. Filing in High Court now is appropriate both for interim protection and for initiating parallel claims related to insurance and wrongful proceedings.