IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 14.05.2025 Date of Hearing: 28.05.2025 Date of Decision: 08.07.2025 REVISION PETITION NO. 15/2025 IN THE MATTER OF:

1. M/S. ADITYA BIRLA HOUSING FINANCE LIMITED., THROUGH ITS AUTHORIZED REPRESENTATIVE:

MR. NIRMAL BISHT, REGISTERED OFFICE:

INDIAN RAYON COMPOUND, VERAVAL, GUJARAT-362266.

BRANCH OFFICE:

3^RD FLOOR, PLOT NO. C 171/2, SECTOR 15, NOIDA, GAUTAM BUDH NAGAR, UTTAR PRADESH-201301.

(Through: Kay & Partners, Advocates)

.…Revisionist VERSUS

1. MRS. LEENA JAIN, W/O. MR. BRIJMOHAN JAIN, R/O. NITI K-1/896, FLAT NO. F-2, 1^ST FLOOR, NITIKHAND, INDIRAPURAM, GHAZIABAD-201014.

2. M/S. ADITYA BIRLA HEALTH INSURANCE CO. LTD., 9^TH FLOOR, ONE WORLD CENTRE, TOWER-1, JUPITER MILL COMPOUND, S.B. MARG, ELPHINSTONE ROAD, MUMBAI, MAHARASHTRA, INDIA-400013.

ALSO AT:

N-17, 1^ST FLOOR, VIJAYA BUILDING, BARAKHAMBA ROAD, CONNAUGHT PLACE, NEW DELHI-110001.

ALSO AT:

BASEMENT, GROUND, FIRST, SECOND AND THIRD FLOOR, N-3, SECTOR-18, NOIDA, UTTAR PRADESH-201301.

…. Respondents CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Akshay Uppal, counsel for the Revisionist, E-mail:

connect@kaynpartners.com PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present Revision Petition has been filed by the Revisionist, challenging the Order dated February 14, 2025, issued by the District Commission in Consumer Complaint No. 245/2021, titled "Mrs. Leena Jain Vs. M/s. Aditya Birla Housing Finance Limited & Anr". In this order, the District Commission allowed the Complaint while directing the following:

“1. The complainant is mother of deceased Mayank Jain who was the borrower/policy holder. The Opposite Party no 1 (hereinafter referred as ’OP’) is a housing finance company & OP-2) is Insurance companies both are subsidiary company of Aditya Birla capital Limited and is engaged in the business of financing, insurance & other activities.

2. As borne out from the record, the OP-1 through its sales executive approached the complainant’s son and impressed upon him to take loan from OP-1. It is alleged by the complainant that believing the version of sales representative of OP1, complainant’s son Mr. Mayank Jain (deceased) applied for a Home loan with the OP-I against the property bearing No Flat No. 2, First Floor, Niti Khand-I Indirapuram, Ghaziabad, UP-201014.

3. The OP-1 sanctioned Home Loan of Rs 35,00,000/- vide sanctioned letter dated 11.07.2020 having loan account no LNDELOHL-07200068227 which was repayable in 240 equated months installments of Rs 34,944/- and also executed loan agreement dated 11.07.2020. The OP-1 also insisted the complainant’s son to purchase two insurance policies from their subsidiary company/OP-2 and suggested the benefits that in the event of unfortunate death of policy holder, his legal heirs would not be required to pay any loan and the entire loan would be paid off from the amount received from the insurance of OP-2. Upon said version of representative, the complainant’s son also obtained two insurance policies having policy cover no GFB20-2361203 namely Insurance Policy Group Active Secure (Group personal and critical illness) premium of Rs 50,000/- & Policy cover no 130562021110228762 Reliance general insurance (Standard fire and Special perils policy) premium of Rs 20,000/- from the OP-2 to safeguard his housing loan. It is further stated that the relevant terms and conditions of the Loan Protection was as under:-

"If the insured person is diagnosed with the critical illness and we have accepted the claim under section III, we will pay the insured person the no of EMI amount (s) cas specified in the policy schedule or certificate of insurance following due in respect of the loan from the financial institution (as per the account no as stated in the policy schedule or certificate of insurance), subject to a maximum of Rs 1 Lac per EMI."

4. The complainant states that both OP-1 and OP-2 charged a monthl