High Court of KeralaSingle JudgeWrit petition disposed of: Ext.P3 set aside; Re...

Housing Development Finance Corporation Limited v. Haritha S. and others

Case / Petition Number:WP(C) No. 20988/2022

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2024-07-25
Court Decision / Holding
Writ petition disposed of. Ext.P3 (the stay order) has been set aside. The 6th respondent cannot interdict the petitioner’s recovery proceedings under SARFAESI Act, 2002. The petitioners are not to be penalised for exercising their statutory powers under SARFAESI. Respondents 1–4 are free to pursue their case before the 6th respondent with regard to the insurance claim; the consumer forum can adjudicate the insurance dispute separately. The court relies on Apex Court judgments and its own precedents to delineate the boundary between SARFAESI actions and consumer-protection jurisdiction.
Final Disposition
Writ petition disposed of: Ext.P3 set aside; Respondents permitted to pursue insurance claims separately; Petitioners can continue to exercise statutory powers under SARFAESI; CDRF involvement limited to insurance dispute, not to block SARFAESI proceedings.

Parties to the Case

Appellants / Petitioners

  • Housing Development Finance Corporation Limited

Respondents

  • Haritha S., wife of late Shibu
  • Devarjun S, minor son of late Shibu
  • Vasudev S, minor son of late Shibu
  • Santha S, mother
  • HDFC ERGO General Insurance Company Limited
  • The District Consumer Dispute Redressal Commission, Vazhuthacaud, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • K.K. Chandran Pillai (Sr.)
  • • S. Ambily

Counsels for Respondents

  • • R. Sunil Kumar
  • • Smt. A. Salini Lal
  • • Sri. Arun Krishna
  • • Sri. J.M. Deepak
  • • Sri. George A. Cherian

Case Synopsis & Summary

The petitioner, a scheduled bank, sought to quash Exts.P2, P3 and P4, challenging a stay of recovery proceedings under the SARFAESI Act. Late Shibu availed a credit facility from HDFC for construction of a house; after his death, his widow Haritha S. and his minor children claimed insurance benefits under a policy obtained by the bank, while the insurer allegedly paid a premium of ₹52,612. The family asserted that Shibu died of a heart attack, but postmortem confirmed death by hanging; the bank recalled the loan due to default. Respondents 1–4 approached the District Consumer Disputes Redressal Commission (DCDRC) in CC 130/2022 alleging insurance-related relief and other remedies. The 6th respondent stayed recovery proceedings via Ext.P3. The petitioner argued that the 6th respondent lacks jurisdiction to interdict SARFAESI measures and that Exts.P2–P4 are illegal. The court cites Reghu B. v. State Bank of Travancore and Punjab National Bank v. CDRF to hold that the State Consumer Redressal Commission cannot stay or thwart bank actions under SARFAESI; jurisdiction is appropriately with competent fora under the Act. The High Court disposes of the petition by setting aside Ext.P3, clarifying that petitioners cannot be penalised for exercising SARFAESI powers, while respondents may pursue their insurance claim separately.

Provisions of Law Cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002Consumer Protection Act, 1986 (Sections 34 and 35)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner bank contends that Exts.P2–P4, including the stay order Ext.P3, are issued without jurisdiction as the District Consumer Disputes Redressal Commission cannot suspend or interfere with the coercive recovery measures available to a bank under the SARFAESI Act. The bank asserts that its recovery actions are statutory and cannot be blocked by consumer fora. It further argues that insurance claim repudiation does not discharge the borrower's liability to the bank, and the related insurance dispute should be adjudicated separately by the insurer, not to impede SARFAESI proceedings. Relying on constitutional and statutory principles and precedents such as Reghu B. and Punjab National Bank, the petitioner seeks quashing Exts.P2–P4 and upholding the bank’s right to proceed under SARFAESI against the loan account.

Contentions of Respondents

Respondents 1–4 argue that the consumer fora have jurisdiction to examine reliefs claimed in CC 130/2022, including insurance-related remedies, and that stay orders may be necessary to protect the rights of the insured and the claimants. They contend the insurer and the bank are closely connected, with potential conflicts of interest, and that the district forum’s intervention is necessary to ensure fairness and prevent coercive recovery where insurance benefits are involved. They request that the consumer forum’s stay order remain in force to adjudicate the insurance dispute and related reliefs, including dependent benefits. They emphasize the jurisdictional limits of SARFAESI against consumer redressal processes and seek continued protection against coercive recovery until the insurance claim is resolved.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Reghu B. and another v. State Bank of Travancore and another2015 (3) KLT 645PositiveApex Court held that High Courts may interfere with consumer forum orders when those orders lack jurisdiction; supports the bank’s right to proceed under SARFAESI free from improper consumer-forum interference.
Punjab National Bank v. Consumer Disputes Redressal Forum, Alappuzha2011 (3) KLT 616PositiveCourt held that the Consumer Forum cannot grant relief against measures under SARFAESI; jurisdiction of CDRF is expressly excluded; supports the petitioners’ position that SARFAESI actions are outside CDRF’s remit.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 25[TH] DAY OF JULY 2024 / 3RD SRAVANA, 1946** **WP(C) NO. 20988 OF 2022** ## **PETITIONER:** **THE HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED, REPRESENTED BY ITS PRINCIPAL OFFICER/AUTHONZED OFFICER SIVAKUMAR, HDFC HOUSE, PB NO 2288, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695010** **BY ADVS. K.K.CHANDRAN PILLAI (SR.) S.AMBILY** ## **RESPONDENTS:** - **1 HARITHA S. AGED 27 YEARS WIFE OF LATE SHIBU, RESDING AT MANGALAV VEEDU, NADUKKAD, PALLACHAL, THIRUVANANTHAPURAM-695 020** - **2 DEVARJUN S, AGED 7 YEARS SON OF LATE SHIBU, READING AT MANGALAV VEEDU NADUKKAD, PALLACHAL, THIRUVANANTHAPURAM-695 020 MINOR, REPRESENTED BY HIS NATURAL AND LEGAL GUARDIAN AND MOTHER HARITHA S, THE 1ST RESPONDENT** - **3 VASUDEV S AGED 5 YEARS SON OF LATE SHIBU, RESDING AT MANGALAV VEEDU, NADUKKAD, PALLACHAL, THIRUVANANTHAPURAM-695 020 MINOR, REPRESENTED BY HIS NATURAL AND LEGAL GUARDIAN AND MOTHER HARITHA S, THE 1ST RESPONDENT** - **4 SANTHA S AGED 60 YEARS W/O GOPI, RESDING AT MANGALAV VEEDU, NADUKKAD, PALLACHAL, THIRUVANANTHAPURAM-695 020** W.P.(C) No.20988/2022 : 2 : - **5 HDFC ERGO GENERAL INSURANCE COMPANY LIMITED, 6TH FLOOR, LEELA BUSINESS PARK, ANDHERIKURLA PARK, ANDHERI EAST, MUMBAI-400 059 REPRESENTED BY ITS MANAGING DIRECTOR.** - **6 THE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695 010 REPRESENTED BY ITS PRESIDENT** **BY ADVS. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL SRI.ARUN KRISHNA SRI.J.M.DEEPAK SRI.GEORGE A CHERIAN, STANDING COUNSEL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.06.2024 AND THE COURT ON 25.07.2024 DELIVERED THE FOLLOWING:** W.P.(C) No.20988/2022 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.20988 of 2022 ````````````````````````````````````````````````````````````` _Dated this the 25[th] day of July, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner, a Scheduled Bank, has filed this writ petition seeking to quash Exts.P2, P3 and P4. 2. The petitioner states that late Shibu availed a credit facility from the Bank for an amount of ₹12,52,612/- in October, 2019 for construction of a residential house. Respondents 1 to 4 are widow, two minor children and mother of late Shibu. The 5[th] respondent-Insurance Company had insured the loan. An amount of ₹52,612/- was paid towards insurance premium. 3. Late Shibu died on 27.02.2021. The 1[st] respondent-wife approached the 5[th] respondent-insurer claiming benefit of insurance. According to the petitioner, the W.P.(C) No.20988/2022 : 4 : borrower had committed suicide though the cause of death was informed as heart attack. The 1[st] respondent produced letters from two Ward Members testifying that the death was due to heart attack. The postmortem report confirmed that the death was due to hanging. 4. As the loan was not repaid promptly, the petitioner recalled the loan. Respondents 1 to 4 thereupon approached the District Consumer Disputes Redressal Commission filing CC No.130/2022. The 1[st] respondent alleged that the insurance coverage is taken as insisted by the petitioner and that the 5[th] respondent-insurer is the sister concern of the petitioner. The 6[th] respondent-District Consumer Disputes Redressal Commission passed Ext.P3 order staying recovery proceedings. 5. The petitioner issued a demand notice dated 23.05.2022. Respondents 1 to 4 again approached the Consumer Forum filing IA No.314/2022 seeking to prosecute the first Opposite Party and to imprison him. The case now stands posted to 28.06.2022. W.P.(C) No.20988/2022 : 5 : 6. The petitioner states that the 6[th] respondent has no jurisdiction to proceed with any complaint which seeks to interdict recovery proceedings initiated by the Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Exts.P2 to P4 are therefore illegal and without jurisdiction. The 5[th] respondent by Ext.P6 rejected the claim of the 1[st] respondent for payment of insurance amount. When an insurance claim is repudiated on the basis of an exclusion clause contained in the policy document, respondents 1 to 4 cannot refuse to discharge their liability to the Bank. 7. I have heard the learned Senior Counsel assisted by the counsel for the petitioner, the learned counsel appearing for respondents 1 to 4 and the learned Standing Counsel representing the 5[th] respondent-Insurance Company. 8. The husband of the 1[st] respondent availed ₹12,52,612/- as credit facility for construction of a residential W.P.(C) No.20988/2022 : 6 : house. An insurance loan was also availed of by the deceased borrower. The insurance premium was paid to the 5[th] respondent-Insurer. 9. The borrower committed suicide on 27.02.2021. Respondents 1 to 4 claimed that cause of death was heart attack. The 1[st] respondent also produced letters from two Grama Panchayat Ward Members testifying that the death was due to heart attack. However, later, the 1[st] respondent herself informed that the death was due to hanging and that a crime was registered by the police for unnatural death. The postmortem examination also confirmed that the death is by hanging. 10. Respondents 1 to 4 filed a consumer complaint before the District Consumer Disputes Redressal Commission as CC No.130/2022, invoking Sections 34 and 35 of the Consumer Protection Act. The 6[th] respondentDistrict Commission passed Ext.P3 order dated 11.04.2022 staying the recovery proceedings initiated by the Bank. When the petitioner made a further demand, respondents 1 W.P.(C) No.20988/2022 : 7 : to 4 filed Ext.P4 IA No.314/2022 seeking to prosecute the first opposite party. The petitioner challenges Exts.P2, P3 and P4 proceedings. 11. The issue arising for consideration is whether the petitioner can go ahead with the coercive recovery proceedings invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and whether the 6[th] respondentDistrict Commission can pass orders preventing the petitioners from exercising their rights under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 12. Respondents 1 to 4 approached the District Consumer Disputes Redressal Commission seeking to direct the second Opposite Party therein which is the Insurance Company, to pay the insurance amount to the Bank. A direction is also sought against the Bank that respondents 1 to 4 are to be reimbursed with ₹1,00,000/- under the Dependent Child Education Benefit under the policy W.P.(C) No.20988/2022 : 8 : documents. Thus, the dispute involved in CC No.130/2022 is regarding the admissibility of insurance claim. 13. The Bank, as a lender, has power to resort to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 once the loan account of the borrower is declared as Non Performing Asset. It is the said statutory power which is being interdicted by the 6[th] respondent-District Commission. 14. The Hon’ble Apex Court has considered whether State Consumer Redressal Commission can stay proceedings initiated by the Banks under the Act, 2002. In _**Reghu B. and another v. State Bank of Travancore and another** [2015 (3) KLT 645]_ , the Apex Court held that High Court would be justified in interfering with the order passed by the Consumer Redressal Commission when the Commission has passed orders without any jurisdiction. 15. In the judgment in _**Punjab National Bank v. Consumer Disputes Redressal Forum, Alappuzha** [2011 (3) KLT 616]_ , this Court held that Consumer Forum cannot W.P.(C) No.20988/2022 : 9 : grant any relief against measures taken by a Bank or financial institution under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Jurisdiction of CDRF in matters provided for in the Act, 2002 is expressly excluded. 16. In view of the law laid down by the Hon’ble Apex Court and this Court, the 6[th] respondent cannot interdict any proceedings of the petitioner under the Securitisation Act. At the same time, respondents 1 to 4 will be free to prosecute their case before the 6[th] respondent as regards insurance claim. The writ petition is therefore disposed of setting aside Ext.P3. It is declared that the petitioners cannot be penalised in any manner for resorting to their statutory powers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Sd/- **N. NAGARESH, JUDGE** aks/24.07.2024 W.P.(C) No.20988/2022 ## : 10 : ## **APPENDIX OF WP(C) 20988/2022** ## **PETITIONER'S EXHIBITS** **Exhibit P1 COPY OF LETTER DATED 23.08.2021 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P2 COPY OF COMPLAINT CC NO.130 OF 2022 DATED 09.04.2022 WITHOUT DOCUMENTS FILED BY THE 1% RESPONDENT BEFORE THE 6TH RESPONDENT. Exhibit P3 COPY OF STAY ORDER IN L.A.NO.146 OF 2022 DATED 11.04.2022 IN CC NO.130 OF 2022 PASSED BY THE 6TH RESPONDENT. Exhibit P4 COMPLAINT I.A.NO.314 OF 2022 DATED 06.06.2022 IN CC NO.130 OF 2022 WITHOUT DOCUMENTS FILED RESPONDENTS 1 TO 4 BEFORE THE 6TH RESPONDENT. Exhibit P5 COPY OF OBJECTION DATED 06.05.2022 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT IN CC NO.130 OF 2022. Exhibit P6 COPY OF LETTER DATED 01.06.2022 ISSUED BY THE 5TH RESPONDENT TO THE 1ST RESPONDENT.**