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)

Petition submitted by OP HDFC ERGO on 22 September 2023 to the District Consumer Dispute Redressal Forum, Barasat, North 24 Parganas, West Bengal, India.

HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AT BARASAT

CC No. 354/2022
RATUL AICH ……Petitioner/Complainant/Appellant
v/s
HDFC ERGO General Insurance Co. Ltd ……OP No. 2

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

Most Respectfully Sheweth;

1. That, as per the complaint, the present case CC/354/2022 is filed by Mr Ratul Aich claiming compensation towards not receiving health check-up expenses of Rs. 2000 at the end of 2 continuous years.
2. That another case CC/353/2022 is filed by the above named Complainant before this Ld. Forum itself and on perusal of both complaint petitions (annexed herewith as A1, A2), the following is observed;
   a. Relief is sought towards health check-up expenses of Rs. 2000 at the end of 2 continuous years.
   b. Relief is sought towards not receiving stay active discount @ 8% upon renewal of policy and completion of number of stipulated steps.
3. That, upon receipt of complaint petition of CC/354/2022, it was observed that the complaint annexures of CC/353/2022 was annexed as well, i.e. mail communications to Grievance Cell of this OP regarding both the aforesaid disputes.
4. That, in light of the aforesaid, it is clear that the facts and contents of both petitions are treated by the Complainant as the same claiming the same relief, whereas he has filed two separate complaint petitions for the same without any reasonable justification.
5. That this OP has duly appeared in CC/353/2022 upon receipt of complaint petition at its registered office through its appointed counsel and has also filed the Written Version which is presently under judicial proceeding and supervision.
6. That, this OP has already addressed both the issues/disputes as aforesaid arising out of both complaint petitions in its Reply/Written Version filed in CC/353/2022 itself. (Annexed as B)
7. That the present case, i.e. CC/354/2022 is one which is barred by principles of res subjudice. Hence, it is prayed that the present complaint/petition be rejected ab initio or be merged with CC/353/2022 to avoid pendency and accumulation of multiple litigation proceedings with the same/similar cause of action and facts already addressed in one single Written Version filed earlier, in the interest of justice.

PRAYER

In view of the aforesaid submissions made herein and in the interest of justice, it is, therefore, prayed that this Hon’ble Forum may kindly be pleased to dismiss the Complaint Petition No. 354/2022 or merge the petition with CC/353/2022 or pass any such future order(s) as this Hon’ble Forum may deem fit and proper under the present facts and circumstances of this case.

For the OP
HDFC ERGO General Insurance Co. Ltd.

VERIFICATION

I, Bhubaneshwari Das, Deputy Manager — Legal Claims for the Opposite Party do hereby verify and state the statement in the forgoing written statement are true to best of my knowledge, information and belief as per my official record, hence Put ang: signature on it.

For the OP
HDFC ERGO General Insurance Co. Ltd

Computerized as per my Dictation, corrected and Identified by me.

Advocate

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 Suspected Discrimination with Plaintiff and undue favor to HDFC ERGO by Delay in Justice of CC/354/2022 CDRC Barasat. (Link)

Next in the series is, 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). (Link)