Stick Bills™

To:-
The Chief General Manager
Local Head Office
SBI
Sector-17
Chandigarh.
Subject: Request of submission for settling house loan in A/C No. 10836264936 in the name of Smt Shalini Butail.

Sir,

1) I have to submit that I am wife of Late Sh Sanjay Butail. I have two issues the daughter is aged 8 years and son is 2 ½ years. My husband was Asstt Registrar (Co-operative Societies) during his carrier in Govt Service he had availed Housing Loan of Rs 14,50,000/- from your bank on 23/05/06 with free personal accident insurance cover equivalent to the loan amount. The housing loan was taken for a period of 15 years. For which regular payment was made and extra amount was also paid time to time by me.

2) SBI have some of their own policies for the benefit of their consumers i.e. SBI Insurance Policy and accidental insurance cover tie up with M/S.New India Assurance Company Mumbai the relevant context of the contents of the policy is annexed as Annexure A with this submission. Since it is tie up between SBI & Insurance Company the policy number will be with the Bank and the Insurance Company.

3) My husband met with an accident on 2-12-2006 and died on the spot. The case was registered being F.I.R No 326/2006 dated 02-12-2006 P.S Sadar Solan. The Post Mortem Examination was also conducted. At that time my elder daughter was just 5 years and son was in womb as I was pregnant at that time. I gave the birth to the son in April 2007.

4) I supplied the required information of the death of my husband to the SBI Officials along with all the required documents on 29-12-2009 which were checked and verified by one Official of the bank Sh Rajeev Modgil. I was visiting the bank regularly and this official in connection with the settlement of loan amount after the death of my husband.

5) The required documents were sent to the bank within 30 days from the date of death of my husband. As per the tie-up policy it was the duty of the bank to inform the Insurance Company within sixty days as per Para No33-4-4 of the Annexure A. The provision is defined in Para No 33-4 of the policy (Annexure A).

6) That during the process of taking loan, it was informed by the bank that they have tie up with the M/S National Indian Assurance Company Mumbai to meet the unforeseen mishappening to the party/lonee like accident and in that eventuality the amount of the loan will be paid to the bank by the Insurance Company along with intrest. It was also informed that the relevant registration certificate will be sent to my husband after some time. It is pertinent to submit here that no registration certificate till today has been supplied to me. It has been requested by me so many times to bank official to give me registration Certificate but it has not been given to me so far.

7) At the time of death of my husband my elder daughter was just 5 years and I was pregnant at that time I gave birth to my second issue in April 2007. During this period and thereafter I went to Bank so many times and had talk with the Bank Officers/Officials. It was told to me that the matter is in process. The same process is still going on as per the Bank Officials. It has been told to me by the bankers that it is a matter between the Bank and the Insurance Company and you need not to worry about it. Nothing has been settled by the SBI with the Insurance Company till today. It appears that matter has been delayed by the Bank Officials as no document/file pertaining to me has been shown to me till today.

8. That during enquiries with the Bank Officials it came to my knowledge that there was fault of the concerned Bank Official who sent my relevant documents to the Insurance Company based at Shimla instead of sending it to Mumbai Branch. Perhaps the documents might not have reached to Insurance Company at Mumbai on time that is why the matter is delayed. It appears that lapse if any is the fault of the Bank. It is known to all that one cannot take the benefits of its own negligence I hereby request the Bank to kindly take up the matter with the Insurance Company so that it can be solved at the earliest.

9) That when nothing favorable happened then I was left with no option but to serve the Bank with a legal notice. Despite this no improvement happened so I was left with no remedy but to file a case against the Bank & Insurance Company. The matter is now pending before the H.P Consumer Redresial Forum at Shimla and next date of hearing is fixed for 16-2-2010.

10) That on 6th December 2009 I received a notice U/S 13(2) OF Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 from SBI Loan Branch Kalibari Shimla which is not justified. That I was regularly paying the installments up to June 2009, but I have to pass through such circumstances that I could not continue the payment of installments. It is thereafter only that Bank peoples are talking with me, calling me to Bank, making telephonic calls to me to make payments instead of solving my problems by settling the dispute with the Insurance Company. The amount shown in the above mentioned notice by the Bank is unjustified and has been shown at the
higher end. I hereby submit that since the dispute has not been settled yet between the SBI and the Insurance Company the implementation of the notice may be stopped till then. The circumstances have been made so peculiar that it has become difficult to think at one side.

11) It is clear that as per the tie up of SBI with the Insurance Company it is the Insurance Company who has to make the payment of the total outstanding amount along with the interest and not by the aggrieved party. So in these circumstances I may not be asked to make the payment as mentioned in the above mentioned notice. I have to further request that looking into the above mentioned circumstances I should not be burdened with the payment of outstanding loan amount. Shall be obliged.

Enclosure: Annexure-A (Tie up policy) Yours sincerely

Shalini Butail
Set No-17
New Butail Bldg
Lower Bazar
Shimla-1

In: Insurance Posted By: Mrs.Shalini Butail [ ]