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

Petition submitted by OP HDFC ERGO on 11 August 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. 353/2022
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/353/2022 is filed by Mr Ratul Aich claiming compensation towards not receiving stay active discount @ 8% upon renewal of policy and completion of number of stipulated steps.
2. That another case CC/354/2022 is filed by the above named Complainant before this Ld. Forum itself and on perusal of both complaint petitions (annexed herewith as Al, A2), the following is observéd;
   a. Relief is sought towards health check up expenses of Rs 2000 every 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.
   In light of the aforesaid, it is absolutely clear that the facts and contents of both petitions are the same claiming the same relief.
3. 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.
4. That, this OP has already addressed the issues/disputes arising out of both complaint petitions in its Reply/Written Version filed in CC/353/2022 itself. (Annexed as B)
5. That the present case, ie. 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 cause of action and facts 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 №354/2022 being frivolous, vexatious and devoid of merits at the outset and pass any such further other 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

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Next in the series is There I submitted my points 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 11 August 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” to the Hon’ble District Consumer Dispute Redressal Forum. (Link)