Manoj Mishra & Ors vs M/S. Religare Health Insurance Co. Ltd on 1 May, 2023

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Delhi High Court - Orders

Manoj Mishra & Ors vs M/S. Religare Health Insurance Co. Ltd on 1 May, 2023

Bench: Prathiba M. Singh

                          $~61
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +            W.P.(C) 5604/2023 & CM APPLs. 21989-90/2023
                                 MANOJ MISHRA & ORS.                                ..... Petitioners
                                             Through:            Mr. Prashant Vaxish & Mr. Sufiyaan
                                                                 Firoz, Advocates. (M:8130250698)
                                                    versus

                                 M/S. RELIGARE HEALTH INSURANCE CO. LTD...... Respondent
                                                 Through: Ms. Megha Gupta along with Mr.
                                                          Dhiraj Malik, Advocates. (M:
                                                          9810821575)
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                           ORDER

% 01.05.2023

1. This hearing has been done through hybrid mode. CM APPL. 21990/2023(for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 5604/2023 & CM APPL. 21989/2023 (for stay)

3. The present petition has been filed by the Petitioner seeking directions to the Respondent- M/s Religare Health Insurance Co. Ltd. for restoration of the insurance policy of the Petitioners bearing no. 11440450.

4. The Petitioner's allegation is that the renewed policy has been suspended by the Respondent which would expose the Petitioners to extreme difficulty as the same is for medical insurance.

5. It is submitted by ld. Counsel for the Petitioners that a complaint was filed before District Consumer Dispute Redressal Commission, South District, New Delhi. However, DCDRC is not hearing matters due to lack of quorum.

Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:03.05.2023 11:33:04

6. Upon being queried about the maintainability by the Court, the Petitioners rely upon the following two judgments to argue that the writ petition is maintainable:

● Mukut Lal Duggal v. United India Insurance Co. Ltd. 2005 (82) DRJ 70 ● Pavan Sachdeva v. Office of the Insurance Ombudsman [W.P.(C) 6304/2019, date of decision 27th, July, 2020]

7. Issue notice. The Respondent shall file its affidavit within four weeks.

8. Ld. counsel for the Respondent informs the Court that the quorum of the District Forum is available and is holding hearings on Fridays.

9. If so, the pendency of this writ shall not come in the way of the Petitioner approaching DCDRC for appropriate relief.

10. Furthermore, it is made clear that during the pendency of this writ if there are any claims lodged, the same shall not be rejected on the ground that the policy of the Petitioners is suspended.

11. List before Registrar on 26th July, 2023.

12. List before Court on 19th October, 2023 PRATHIBA M. SINGH, J MAY 1, 2023 dj/sk Signature Not Verified Digitally Signed By:DHIRENDER KUMAR Signing Date:03.05.2023 11:33:04

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Delhi High Court - Orders