ANUPAMA DWIVEDI Vs. BHARTI AXA LIFE INSURANCE CO.

JUDGEMENT

(1.) Heard Shri Skand Bajpai, learned counsel for petitioner, Shri Abhishek Bhatnagar, learned counsel for respondent as well as learned State Counsel and perused the record.

(2.) The present writ petition has been preferred for setting aside the order dtd. 21/10/2022 passed by Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (hereinafter referred as UPSCDRC) in RP/73/2022 titled as Mrs. Anupama Dwivedi and others versus Bharti Axa Life Insurance Co. Ltd, through Managing Director and CEO, Mumbai and others; impugned order dtd. 15/10/2022 passed by learned District Court Disputes Consumer Redressal Commision (hereinafter referred as DCDRC) in CC/81/22 titled as Mrs. Anupama Dwivedi and others versus Bharti Axa Life Insurance Co. Ltd Through Managing Director and CEO and others; and with a further prayer to pass an order declaring the Consumer Protection Procedure Regulations, 2020 as mandatory and binding on the Consumer Commission and direct strict observance of all the regulations contained therein and pass an order fixing a short date for evidence of the complainant before the learned DCDRC with a direction to dispose the matter in a time bound manner on priority basis and in line with Regulation 26 of the Consumer Protection (Consumer Commission Procedure) Regulations 2020.

(3.) Learned counsel for petitioners has submitted that a complaint was filed by the petitioners before the DCDRC, against the respondents when the respondents have repudiated the insurance claim of the petitioners after the demise of husband of petitioner no. 1 and father of petitioner nos. 2 and 3, who was insured with the respondent company. In the said complaint case, the notice was issued on 1/4/2022 and the notice was served upon respondent no. 4 on 2/4/2022 and the respondent nos. 1, 2 and 3 on 5/4/2022. The first date was fixed thereafter on 13/5/2022, on that date, a counsel had put in appearance on behalf of respondents and filed Vakalatnama and the case was next fixed for 23/6/2022. On the date fixed i.e. 23/6/2022, no one had either put in appearance or filed written statement on behalf of respondents and the court had passed an order closing the opportunity of filing of the written statement and fixed the case on 15/10/2022.