IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 31.05.2022 Date of hearing: 09.08.2024 Date of Decision: 23.12.2024 COMPLAINT CASE NO - 84/2022 IN THE MATTER OF MS. NAZMA ALAM W/O LATE MOHD ALAM R/O S-3, PLOT NO 162, SECTOR 6, NEAR MILIND ACADEMY, VAISHALI SAHIBABAD, UTTAR PRADESH-201010.

(Through : Mr. Ajit Singh, Advocate)

… COMPLAINANT Versus SHRIRAM HOUSING FINANCE LTD.

THROUGH ITS MANAGING DIRECTOR/BRANCH MANAGER ABOVE SBI BANK GREEN PARK EXTENSION DELHI-110016.

HEAD OFFFICE AT :

LEVEL-3, WOCKHARD TOWER, EAST WING C-2, G BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI – 400051.

(Through : Mr. Anupam Singh, Advocate)

….OPPOSITE PARTY CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Ajit Singh, counsel for the Complainant.

Ms. Nika Tiwari, Proxy Counsel for Mr. Anupam Singh, Counsel for OP on VC.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

JUDGMENT

1. The present complaint has been filed by the Complainant before this Commission alleging deficiency of service and unfair trade practice by the Opposite Party and has prayed the following:

(i) Direct the Opposite Party to pay / refund sum of Rs.69,86,021/- (Rupees Sixty Nine Lacs Eighty Six Thousand Twenty One Only) paid to the Opposite Party against Insurance claim or in alternate direct the OppositePartytoadjusttheamountagainstthepending loan in favour of the Complainant (ii) Grant the compensation for Rs. 1,00,000/- (Rupees One Lakh Only) towards the inconvenience, pain, mental agony, harassment suffered by the Complainant.

(iii) To pay to the Complainant the litigation charges to the tune of Rs.45,000/-.

2. Brief facts necessary for the adjudication of the present Complaint are that the Complainant's husband, Mohd Alam applied for a home loan from the Opposite Party in the month of Jaunary2020 and the Opposite Party issued the sanctioned letter dated 01.03.2020 in favour of Complainant's husband Mohd Alam. The loan was sanctioned by the Opposite Party against the property bearing No. 366, Pocket-C, Plot No- 366, I.F.C. Ghazipur, Delhi-110096 for a sum of Rs. 70,57,798/- (Rupees. Seventy Lacs Fifty Seven Thousand Seven hundred Ninety Eight only). The Opposite Party issued the sanction letter / approval letter No. 2020021500033/SHDDLH1002040-0 dated 01.03.2020 to the husband of the Complainant along with a Life Insurance Policy and sanctioned the Loan Account number-SLPHDLH10000651 to Complainant's husband, Mohd Alam. The Opposite Party started the loan installment of Complainant's husband on 07.03.2020 for a sum of Rs.105381.00 and the Complainant’s husband paid the first installment vide Cheque No. 537 dated 07.04.2020 as demanded by the Opposite Party which was credited into the account of the Opposite Party on 07.04.2020. The Complainant’s husband paid the monthly installments for the month of April, May, June, July 2020. After the death of Complainant’s husband, the property against which the loan was sanctioned was mortgaged as the Sale Deed was not executed/registered in favourofComplainant's husband - Mohd.Alam. All the documents and sale deed and the loan against the property were not disbursed in favour of Complainant's husband. But the Complainant’s husband had paid four instalment before the disbursement of the loan amount of Rs.70,57,798/- (Rs. Seventy Lacs Fifty Seven Thousand Seven Hundred Ninety Eight only) on 28.02.2020. The Opposite Party refunded the four installments paid by the Complainant’s husband for the month of April, May, June, July 2020totheComplainantaftertheComplainantsentalegalnoticedated

24.11.2021 to the Opposite Party.

3. The Complainant has submitted that the Opposite Party has not paid any money / sanctioned any loan amount to the seller against the property, against which the loan was sanctioned to Complainant's husband before his death. The Insurance Company paid the amount of Rs. 35,00,000/- (Rupees Thirty Five Lacs Only) vide RTGS no- 48514117 on 31.07.20