OBJECTING PETITION UNDER ORDER VII RULE XI (D) CPC R/W S.151 CPC PRAYING FOR REJECTION OF PRESENT COMPLAINT ON THE GROUNDS MENTIONED BELOW (CC-354-2022)

Objection document submitted on 5 January 2024 by the primary complainant Ratul Aich to the District Consumer Dispute Redressal Forum against the petition submitted by HDFC ERGO.

Before the Learned District Consumer Dispute Redressed Commission, North 24 Parganas, Barasat.

C.C. No 354 Of 2022

In the matter of: Complaint under Sections 34 (1), 34 (2) (d), 35, 36, and 39 of the Consumer Protection Act, 2019 AND In the matter of:

Ratul Aich,
………………Complainant

Versus

HDFC ERGO General Insurance Company Limited.
IRDAI Reg №146
1st Floor, HDFC House,
165/166 Backbay Reclamation,
H.T.Parekh Marg, Churchgate, Mumbai — 400 020
………………Respondent

OBJECTING TO THE PETITION GIVEN BY THE OP HDFC ERGO

Most Respectfully Sheweth:

1. Objecting ‘Petition under Order VII Rule XI (D) CPC R/W S.151 CPC praying for rejection of present complaint on the grounds mentioned below’ filed by OP HDFC ERGO on 22 September 2023.
2. On the grounds mentioned below, I am praying for revoking (rejecting) the petition filed by the O.P. HDFC ERGO under the order VII Rule XI (D) CPC R/W S.151 CPC concerning the case CC/354/2022 District Consumer Dispute Redressal Forum Barasat, North 24 Parganas.
3. I was present in the courtroom till the end of the day on the date of the hearing, 22 September 2023 for the case CC/354/2022. It was communicated to me by the bench that the hearing had been postponed. Therefore I left the venue only to find out through an SMS update that without my knowledge the petition had been filed on the same day by the opposite party HDFC ERGO.
4. I’ve requested the O.P. HDFC ERGO legal department to send me a PDF copy of the petition filed on 22 September 2023 (for reference) to justify the bench’s presence by utilizing the opportunity of the next hearing on 5 January 2024 to its fullest. Herewith, I’m attaching a copy of the email conversation and the petition.
5. Best to my understanding the petition should be deemed devoid of merit, null, and void given the aforesaid order in the case CC/353/2022 rejecting the merging of case CC/353/2022 with CC/354/2022. Petition, Objection, and Order copy attached.
6. A partial extract of the order against ‘Petition under order VII Rule XI (D) CPC R/W S.151 CPC praying for rejection of present complaint on the grounds mentioned below’ in the case CC/353/2022.
   O.P №2 filed the said petition under order VII rule XI (D) C.P.C r/w Section 151 C.P.C.
   He stated in the petition that another case vide no. C.C./354/2022 is also pending between the same parties. He further stated that subsequent case no. i.e. C.C./354/2022 is barred by principles of res sub-judice i.e. res judicata. He prays for dismissal of case no. C.C./354/2022.
   In this context we have carefully gone through Section 38(9) of C.P. Act, 2019. In the said provision, it has clearly mentioned what provisions of Civil Procedure Code be followed by District Commission under C.P. Act, 2019. It is clear before us that the relief which has been claimed by the O.P №2 cannot be granted by the District Commission under C.P. Act, 2019.
   Accordingly, we find that the aforesaid petition, filed by O.P №2 is unknown to C.P. Act, 2019. Hence, we find that the aforesaid petition, filed by O.P №2 is devoid of merits.
7. The legal notice, petition, summon, evidence, and a brief note of argument have been timely submitted and accepted by the court concerning the case CC/354/2022, therefore, best to my knowledge, to file the ‘Petition under Order VII Rule XI (D) CPC R/W S.151 CPC praying for rejection of present complaint on the grounds mentioned below’ at such an instance, ignoring the evidence and associated documents, is inappropriate, prodigal court’s time and resources. I’d request the bench to take action for Prodigal.
8. HDFC ERGO lied (perjury) to the Insurance Ombudsman showing a pre-dated email conversation ignoring the remarked conversation by the plaint. Document heading, ‘PROCEEDINGS BEFORE THE INSURANCE OMBUDSMAN’, Page 3, Contention of Respondent, Complaint №1: Repudiation of Health Check-up Claim: Point (vi). The Insurance Ombudsman has been informed about the same. No action has been taken by the Insurance Ombudsman. A copy of the Insurance Ombudsman verdict has been submitted to the court earlier. HDFC ERGO is still referring to the predated conversations in the ‘Petition under Order VII Rule XI (D) CPC R/W S.151 CPC praying for rejection of the present complaint on the grounds mentioned below’ (CC/354/2022) ignoring the dated evidence submitted to the court and HDFC ERGO is a deliberate attempt to manipulate the case.
9. The two complaints are totally different in nature. CC/353/2022 is related to dark patterns, HIPAA regulations, personal user data mismanagement, technical errors, and presumed defrauding of retail customers at scale in the guise of technical errors subject to investigation by a competent authority. Whereas, CC/354/2022 is an open and shut case of misselling (insurance renewal) furnished with hard evidence in writing.
10. Attaching a copy of the petition, objection, and the court order of ‘Petition under order VII Rule XI (D) CPC R/W S.151 CPC praying for rejection of present complaint on the grounds mentioned below’ in CC/353/2022 for your reference.
11. Attaching an email sent to CDRC Barasat (confo-pn-wb@nic.in and confo-rh-wb@gov.in) on 11 Nov 2023, Subject — Suspected Discrimination with Plaintiff and undue favor to HDFC ERGO by Delay in Justice of CC/354/2022 CDRC Barasat. ‘Justice Delayed is Justice Discrimination’ in the Age of Hyperconsumerism Tech Savvy Society.
12. The statements made in paragraphs 1 to 10 of the foregoing affidavit are true to my knowledge and thereof are my humble submissions before this Learned Commission.

DEPONENT

PRAYER

In view of the aforesaid submission made herein and in the interest of justice, it is, therefore, prayed that this Hon’ble Commission may kindly be pleased to dismiss the present request being frivolous, vexatious, and devoid of merits with a heavy cost at the outset for prodigal.

Pass any such further other order(s) as this Hon’ble Commission may deem fit and proper under the present facts and circumstances of this case.

Place: North 24 Parganas, 700118

Date: 05 Jan 2024

VERIFICATION

I, Mr. Ratul Aich, S/O Subrata Aich, Aged about 37 Years the above-mentioned complainant, do hereby verify that the contents of this complaint are true and correct to my knowledge and belief. Nothing has been concealed therein.

Date- 05 Jan 2024

North 24 Parganas, Kolkata — 700118

A F F I D A V I T

I, Mr. Ratul Aich, S/O Subrata Aich, Aged about 37 Years, Occupation Former Principal Consultant User Experience (UX) and Design, By Faith- Hindu, by Nationality- Indian and Residing at Kolkata — 700118, do hereby solemnly swear and affirm and state as follows:-

1. That I am fully acquainted with the facts and circumstances of the cases CC/353/2022 and CC/354/2022.
2. That the statements made in paragraphs 1 to 11 of the instant written statements for the objection to merging the case CC/353/2022 and CC/354/2022 that has been requested by the Respondents HDFC ERGO in the petition submitted on 22 September 2023 with the heading “PETITION UNDER ORDER VII RULE XI (D) CPC R/W S.151 CPC PRAYING FOR REJECTION OF PRESENT COMPLAINT ON THE GROUNDS MENTIONED BELOW” are true to my knowledge and are true to my information derived from records which I believe to be true and the rest are my humble submission before the Hon’ble Forum.

“Oath”

That I swear that this my declaration is true, that it conceals nothing, and that no part of it is false, so help me God.

And I sign this affidavit on this the 05 day of Jan 2024 at Rahara, 700118.

Deponent

First in the series is, How effective is complaining to the Insurance Ombudsman and the Insurance Regulatory and Development Authority of India (IRDAI)? (Link)

Previous in the series is PETITION UNDER ORDER VII RULE XI (D) CPC R/W S.151 CPC PRAYING FOR REJECTION OF PRESENT COMPLAINT ON THE GROUNDS MENTIONED BELOW (CC-354–2022). (Link)

Next in the series is, Edaakhil SMS and Email Updates Suspension Complaint. (Link)