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BEFORE THE PRESIDENT; DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION, SONEPAT
Baby ---Complainant
V/s
The New India Assurance Co. Ltd. --Respondent
In the matter of:-
Complaint Under Section 35 of the
Consumer Protection Act.
Written statement on behalf of
Respondent
R/Sir,
The respondent most humbly and
respectfully submits as under:-
Preliminary Objections:-
1. That the present complaint of the
complainant is not legally maintainable in
view of the fact that the complainant has
not submitted the claim intimation/forms
and the required documents with the
respondent till date and thus the
complaint of the complainant deserves
dismissal out-rightly on this score only.
2. That the complainant has neither any cause
of action nor locus standi to file the
present complaint before the Hon’ble
Commission.
5. That the complainant has concealed the
material facts from the Hon’ble Commission
and has not come to the Hon’ble Commission
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with clean hands, hence, the complaint of
the complainant is liable to be dismissed
on this score alone.
4. That the jurisdiction of the Hon'ble
commission can be invoked, if there is any
defect in the services as envisaged under
the provisions of the C.P. Act and there
has been no deficiency in service in the
present case on the part of the
respondent.
On Merits:-
1. That the contents of para no.1 of the
complaint as stated are not disputed being
matter of record
2. That the contents of para no.2 of the
complaint as stated are denied for want of
knowledge. The complainant be put to
strict proof for the same. However, the DD
Entry No.24 dated 05.01.2023 registered
with P.S. Baroda, Gohana, Sonepat is a
matter of record, however, the same has
not been received by the respondent from
the complainant till date. It is submitted
that the respondent has not received any
claim intimation and the required
documents from the complainant for the
settlement of the claim till date. Thus,
the complaint filed by the complainant is
pre mature and is not maintainable against
the respondent for not submitting the
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claim/intimation along with other required
documents.
3. That the contents of para no.3 of the
complaint as stated are wrong and
therefore denied. It is wrong and denied
that the complainant submitted all
required documents as alleged. As stated
in the earlier part of the written
statement, the complainant has not
submitted the claim intimation/forms and
the required documents with the respondent
till date and thus the complaint of the
complainant deserves dismissal out-rightly
on this score only. Rest of the contents
of this para as stated are also wrong and
hence denied.
4. That the contents of para no.4 of the
complaint as stated are wrong and
therefore denied. No such requests have
been made by the complainant. The
complainant concocted a false story in
this regard. The complainant did not
complete the required formalities to prove
her claim and did not submit any necessary
and required documents with regard to his
claim as alleged. Rest of the contents of
this para as stated are wrong and hence
denied.
5-6. That the contents of para no.5 and 6 of
the complaint as stated wrong and hence
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denied. The respondent has not caused any
mental tension harassment, agony,
frustration and financial loos to the
complainant as alleged and there has also
been no deficiency on the part of the
respondent when the complainant has not
submitted the claim intimation/forms and
the required documents with the respondent
till date and thus the complainant is not
entitled to get any compensation on any
account. Rest of the contents of this para
as stated are wrong and hence denied.
7. That the contents of para no.7 of the
complaint as stated are wrong and hence
denied. The notice alleged to have been
served by the complainant upon the
answering respondent is wrong, illegal,
arbitrary, unfounded and not tenable in
the eyes of Law which has no bearing at
all.
8. That the contents of para no.8 of the
complaint as stated are wrong and hence
denied. The Hon'ble Commission has no
jurisdiction to entertain and try the
present complaint. The jurisdiction of the
Commission can be invoked, if there is any
deficiency in the services as envisaged
under the Consumer Protection Act, 2019
(Amended up to date)
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9. That the contents of para no.9 of the
complaint as stated are legal.
10. That the contents of para no.10 of the
complaint as stated are denied for want of
knowledge.
That the contents of the prayer clause
along with sub paras no.(a) to (c) of the
complaint as stated are wrong and hence
denied. The complainant is not entitled to
any of the relief’s claimed against the
respondent in view of the facts fully
detailed in foregoing paras of the written
statement.
It is, therefore, respectfully prayed
that the complaint of the complainant,
which is based on wrong, false and
frivolous grounds may kindly be dismissed
against the respondent, in the interest of
justice.
Verification Respondent
Verified that the The New India
contents of the above Assurance Co. Ltd.,
written statement are through its competent
true and correct to the authority
best of our knowledge
and belief and based on
officials record.
Verified at Sonepat Through:- R.P. Antil
On Advocate,
Sonepat
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BEFORE THE PRESIDENT; DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION, SONEPAT
Baby V/s The New India Assurance Co.
Ltd.
-Complainant --Respondent
In the matter of:-
Complaint Under Section 35 of the
Consumer Protection Act.
Written statement on behalf of
Respondent
Affidavit
I, Anjana Mistry, Manager Suit Hub, The India
Assurance Co. Ltd., Rohtak, do hereby solemnly
affirm and declare as under:-
1. That the deponent is well conversant with
the facts of the present case and is
authorized and competent to file the
present affidavit on behalf of the
respondent/ company.
2. That the present complaint of the
complainant is not legally maintainable in
view of the fact that the complainant has
not submitted the claim intimation/forms
and the required documents with the
respondent till date and thus the
complaint of the complainant deserves
dismissal out-rightly on this score only.
3. That the complainant has neither any cause
of action nor locus standi to file the
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present complaint before the Hon’ble
Commission.
4. That the complainant has concealed the
material facts from the Hon’ble Commission
and has not come to the Hon’ble Commission
with clean hands, hence, the complaint of
the complainant is liable to be dismissed
on this score alone.
4. That the jurisdiction of the Hon'ble
commission can be invoked, if there is any
defect in the services as envisaged under
the provisions of the C.P. Act and there
has been no deficiency in service in the
present case on the part of the
respondent.
5. That the D.D. Entry No.24 dated 05.01.2023
registered with P.S. Baroda, Gohana,
Sonepat is a matter of record, however,
the same has not been received by the
respondent from the complainant till date.
It is submitted that the respondent has
not received any claim intimation and the
required documents from the complainant
for the settlement of the claim till date.
Thus, the complaint filed by the
complainant is pre mature and is not
maintainable against the respondent for
not submitting the claim/intimation along
with other required documents.
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6. That no such requests have been made by
the complainant. The complainant concocted
a false story in this regard. The
complainant did not complete the required
formalities to prove her claim and did not
submit any necessary and required
documents with regard to his claim as
alleged.
7. That the respondent has not caused any
mental tension harassment, agony,
frustration and financial loos to the
complainant as alleged and there has also
been no deficiency on the part of the
respondent when the complainant has not
submitted the claim intimation/forms and
the required documents with the respondent
till date and thus the complainant is not
entitled to get any compensation on any
account. In the view of the submissions
made in the written statement of the
respondent, the complaint of the
complainant is liable to be dismissed.
Deponent
Verification:-
Verified that the contents of the
above affidavit are true and correct to the
best of my knowledge and belief and nothing has
been concealed therein. Verified at Sonepat
Deponent
