GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 28:

1. Heard Mr. Sheeladitya, learned counsel for the petitioners; Mr. S. Nath, learned Standing Counsel, Life Insurance Corporation of India [LICI] for the respondent nos. 1-4; and Mr. M. Sharma, learned Standing Counsel, United Commercial Bank [UCO Bank] for the respondent nos. 5 & 6.

2. The petitioners, 5 [five] in nos., have preferred this writ petition under Article 226 of the Constitution of India alleging unfair treatment meted out by the respondent authorities, more particularly, the respondent LICI authorities in a matter of making settlement of an insurance claim taken in respect of a housing term loan obtained by the petitioner no. 1 and one Debabrat Choudhury.

3. The petitioner no. 1 is the mother of one Debabrat Choudhury and the petitioner no. 2 is a brother of Debabrat Choudhury. The petitioner no. 3 is the wife of Debabrat Choudhury whereas the petitioner no. 4 and the petitioner no. 5 are the minor daughter and the minor son respectively of Debabrat Choudhury.

4. The case of the petitioners, in brief, is that the petitioner no. 1 and Debabrat Choudhury had applied for a housing term loan [credit facility] at Paltan Bazar Branch of UCO Bank in the year 2010. The housing term loan was sanctioned under the UCO Griha Lakshmi Yojana Scheme for an amount of Rs. 15,00,000/- vide a Sanction Letter dated 30.12.2010. The petitioner no. 1 was a co-applicant with Debabrat Choudhury being the Principal Borrower, for the said housing term loan. As per the Sanction Letter, the loan sanctioned vie Housing Term Loan Account no. 19250810001288 was repayable in 180 equated monthly installments [EMIs], which was subsequently revised to 192 EMIs. The petitioner no. 1 created equitable mortgage over a secured property and the petitioner no. 2 stood as the personal guarantor. Debabrat Choudhury was the Principal Borrower and in that capacity, he had also mortgaged a plot of land measuring 1 Katha 5 Lessas along with a residential building, which is covered by Dag no. 463 & Patta no. 177 [old]/771 [new] and situate at Revenue Village - Gotanagar, Mouza - Jalukbari, Guwahati Revenue Circle, District - Kamrup ['the mortgaged landed property', for short]. The mortgaged landed property stands in the name of the petitioner no. 1. The petitioners have stated that the UCO Griha Lakshmi Yojana Scheme consisted of a benefit of insurance coverage for the amount extended towards the housing loan.

5. It is the further case of the petitioners that the applicant, Debabrat Choudhury ['the Principal Borrower', for short] along with the petitioner no. 1 deposited a sum of Rs. 28,965/- for the insurance coverage for the housing term loan they had availed. It is stated that the Principal Borrower, Debabrat Choudhury was regular in payment of the EMIs of the housing term loan and the EMIs were deducted from his salary-cum-savings account. Unfortunately, the Principal Borrower, Debabrat Choudhury expired on 27.11.2019. As per the UCO Bank's Statement of Accounts, the amount payable to the UCO Bank against the housing term loan, as on 30.11.2019, was Rs. 11,42,196/-, as confirmed by Mr. Sharma, learned Standing Counsel, UCO Bank at the time of hearing.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwKCzBPnIb6gV36iJUGVHbdOCbEA3IH8IoKalBzoPhjR&caseno=WP(C)/5763/2025&cCode=1&cino=GAHC010219452025&state_code=6&appFlag=)

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