BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN

Consumer Complaint No.213 of 2019

Dharam Paul & Another ……Decree Holders/Complainants

Versus

Religare Health Insurance Company Limited

……Judgment Debtors/Opposite Parties

INDEX

Sr.No. Particulars Date Page

1. Memo of Parties 13.09.2021
2. Execution Application 13.09.2021
3. Affidavit of Decree Holder No.1 13.09.2021
4. Affidavit of Decree Holder No.2 13.09.2021
5. Annexure A-1 (Certified copy of judgment 28.06.2021
and order)
6. Calculation Sheet 13.09.2021
7. Power of Attorney 13.09.2021

PLACE: CHANDIGARH (RAKHI SHARMA& DEEPIKA GARG)

DATED: 13.09.2021 ADVOCATE
COUNSEL FOR THE COMPLAINANTS
ENROLLMENT NO.P/1572/2004& P/3294/2016
BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN
Consumer Complaint No.213 of 2019
In the matter of:-

1. Dharam Paul son of Sh. Faqir Chand resident of Dashmesh Nagar,

Ravidasspura Road, Noor Mehal, Jalandhar

2. NirmalKanta wife of Dharam Paul resident of Dashmesh Nagar,

Ravidasspura Road, Noor Mehal, Jalandhar

……Decree Holders/Complainants
Versus
1. Religare Health Insurance Company Limited, Vipul Tech Square,

Tower-C, 3rd Floor, Gold Course Road, Sector-43, Gurgaon

(Haryana), (Email: [email protected])

2. Roopam, Development Officer, Religare Health Insurance Company

Limited, having branch office at Building No.B-XIX-122/3/1, First

Floor, Golden Plaza Mall, Mall Road, Ludhiana-141001 (Email:

[email protected])

3. Yogesh Kumar, Authorized Agent Religare Health Insurance

Company Limited, Arora Agencies, LakkarMandi, Phillaur, District

Jalandhar (Email: [email protected])

……Judgment Debtors/Opposite Parties

INDEX

Sr.No. Particulars Date Page

1. Memo of Parties 13.09.2021
2. Execution Application 13.09.2021
 3. Affidavit of Decree Holder No.1 13.09.2021
4. Affidavit of Decree Holder No.2 13.09.2021
5. Annexure A-1 (Certified copy of judgment 28.06.2021
and order)
6. Calculation Sheet 13.09.2021
7. Power of Attorney 13.09.2021

PLACE: CHANDIGARH (RAKHI SHARMA& DEEPIKA GARG)

DATED: 13.09.2021 ADVOCATE
COUNSEL FOR THE COMPLAINANTS
ENROLLMENT NO.P/1572/2004& P/3294/2016
BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE
REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN
Consumer Complaint No.213 of 2019

MEMO OF PARTIES

1. Dharam Paul son of Sh. Faqir Chand resident of Dashmesh Nagar,

Ravidasspura Road, Noor Mehal, Jalandhar

2. Nirmal Kanta wife of Dharam Paul resident of Dashmesh Nagar,

Ravidasspura Road, Noor Mehal, Jalandhar

……Decree Holders/Complainants

Versus

1. Religare Health Insurance Company Limited, Vipul Tech Square,

Tower-C, 3rd Floor, Gold Course Road, Sector-43, Gurgaon

(Haryana), (Email: [email protected])

2. Roopam, Development Officer, Religare Health Insurance Company

Limited, having branch office at Building No.B-XIX-122/3/1, First

Floor, Golden Plaza Mall, Mall Road, Ludhiana-141001 (Email:

[email protected])

3. Yogesh Kumar, Authorized Agent Religare Health Insurance

Company Limited, Arora Agencies, Lakkar Mandi, Phillaur, District

Jalandhar (Email: [email protected])

……Judgment Debtors/Opposite Parties

PLACE: CHANDIGARH (RAKHI SHARMA& DEEPIKA GARG)

DATED: 13.09.2021 ADVOCATE
COUNSEL FOR THE COMPLAINANTS
 Execution Application under Section 72 of the

Consumer Protection Act, 2019 as amended upto

date, for the execution of the order/judgment

dated 28.06.2021 passed by this Hon’ble

Commission, on account of non-compliance of

the aforesaid order.

RESPECTFULLY SHOWETH:-
1. That the decree holders/complainants,who are the husband and wife,

had filed a complaint bearing No.CC/213/2019 under section 17 of

Consumer Protection Act, 1986 against the opposite parties on

account of deficiency in service and the unfair trade practice adopted

by the judgment debtors/opposite parties which lead the repudiation

of the genuine claim of the decree holders/complainants and in the

aforesaid complaint, the decree holders/complainants sought the

following directions:-

i. To pay the amount of sum of Rs.23,62,555.19 lacs (CAD

44159.91)being medical expenditure along with upto date
interest @ 18% per annum from the date of making claim i.e.
05.07.2018 till the date of filing the present complaint i.e.
11.03.2019 which comes to Rs.2,83,506.60 + extra
expenditures incurred by the complainants to the tune of
Rs.26,000/- upon the preponement of the air ticket by
cancelling the earlier one.
ii. To direct the opposite parties to pay compensation to the
complainants to the tune of Rs.2 lacs on account of the
harassment, inconvenience, mental pain and financial loss
suffered by the complainants.
iii. To direct the opposite parties to pay the costs of litigation to

the tune of Rs.50,000/-.

 iv. Any other relief to which the complainants are found entitled

by this Hon’ble Commission may also be kindly granted to the

complainants, in the interest of justice.

2. That the above said complaint was partly allowed vide judgment and

order dated 28.06.2021 and the opposite parties were made liable

and following directions were issued to the judgment

debtors/opposite parties by this Hon’ble Commission:-

i. To pay insurance claim of CAD 44159.91 equivalent to

Indian Currency to the complainants, along with interest at

the rate of 9% per annum from the date of filing of the

complaint till realization; and

ii. To pay Rs.22,000/- as compensation for the mental agony

and harassment suffered by the complainants, including

litigation expenses.

A certified copy of judgment and order dated 28.06.2021

passed by this Hon’ble Commission is annexed herewith as

Annexure A-1.

3. That it is pertinent to mention over here that the opposite parties

No.2 and 3 were proceeded ex-parte by this Hon’ble Commission in

the aforesaid complaint.

4. That it is relevant to mention over here that the JDs/opposite parties

were directed to comply with the judgment and order dated

28.06.2021 within 30 days of receipt of the certified copy of the

judgment and order. However, in spite of the fact that the

JDs/opposite parties are well within the knowledge of the passing of

the aforesaid order and also received the certified copy of the
 judgment and order dated 28.06.2021, have not complied with the

judgment and order passed by this Hon’ble Commission, so far.

Moreover, the decree holders/complainants have also made oral

requests to the JDs/opposite parties to comply with the directions

issued by this Hon’ble Commission vide aforesaid judgment and

order, however, the JDs/opposite parties have failed to comply with

the same.

5. That it is further relevant to mention here that the decree

holders/complainants have also filed caveat bearing

No.CV/152/2021 before the Hon’ble National Commission, Delhi.

Moreover, the decree holders/complainants have not received any

summons nor any stay order from the Hon’ble National

Commission, Delhi against the order passed by this Hon’ble

Commission, till today. Hence, the order passed by this Hon’ble

Court has attained finality, therefore, in view of the order passed by

this Hon’ble Commission, it is warranted that the proceedings under

section 72 of the Consumer Protection Act, 2019 may kindly be

initiated against JDs/opposite parties and the warrants may kindly be

issued against the JDs/opposite parties and opposite party No.1

through the Manager, for the willful noncompliance of the order

passed by this Hon’ble Commission.

It is, therefore, respectfully prayed that the present Execution

Application may kindly be allowed and the orders for the execution of the

judgment and order dated 28.06.2021 passed by this Hon’ble Commission

in CC No.213 of 2019 issuing the directions to the judgment

debtors/opposite parties as stated in para No.2 of the execution, may kindly

be passed, in the interest of justice.

Any other order or direction which this Hon’ble Commission deem

fit and proper under the peculiar facts and circumstances of the present

case, may kindly be passed in favour of the decree holders/complainant and

against the judgment debtors/opposite parties, in the interest of justice.

PLACE: CHANDIGARH
DATED: 13.09.2021 JUDGMENT DEBTORS

THROUGH COUNSEL

RAKHI SHARMA&DEEPIKA GARG

ADVOCATES
COUNSEL FOR THE JUDGMENT DEBTORS

VERIFICATION:-

Verified that the contents of para no.1 to 5 of the above Execution

Application are true and correct to my knowledge. No part of it is false and

nothing has been concealed therein.

PLACE: CHANDIGARH
DATED: 13.09.2021 JUDGMENT DEBTORS
BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN

Consumer Complaint No.213 of 2019

Dharam Paul & Another ……Decree Holders/Complainants

Versus

Religare Health Insurance Company Limited

……Judgment Debtors/Opposite Parties

Affidavit of Dharam Paul son of Sh. Faqir

Chand resident of Dashmesh Nagar,

Ravidasspura Road, Noor Mehal, Jalandhar

I, the above named Deponent do hereby solemnly state and affirm as

under:
1. That I am well conversant with the facts and circumstances of the

case, and am able to depose about the same.

2. That the decree holders/complainants, who are the husband and wife,

had filed a complaint bearing No.CC/213/2019 under section 17 of

Consumer Protection Act, 1986 against the opposite parties on

account of deficiency in service and the unfair trade practice adopted

by the judgment debtors/opposite parties which lead the repudiation

of the genuine claim of the decree holders/complainants and in the

aforesaid complaint, the decree holders/complainants sought the

following directions:-
 i. To pay the amount of sum of Rs.23,62,555.19 lacs (CAD

44159.91)being medical expenditure along with upto date

interest @ 18% per annum from the date of making claim i.e.

05.07.2018 till the date of filing the present complaint i.e.

11.03.2019 which comes to Rs.2,83,506.60 + extra

expenditures incurred by the complainants to the tune of

Rs.26,000/- upon the preponement of the air ticket by

cancelling the earlier one.

ii. To direct the opposite parties to pay compensation to the

complainants to the tune of Rs.2 lacs on account of the

harassment, inconvenience, mental pain and financial loss

suffered by the complainants.

iii. To direct the opposite parties to pay the costs of litigation to

the tune of Rs.50,000/-.

iv. Any other relief to which the complainants are found entitled

by this Hon’ble Commission may also be kindly granted to the

complainants, in the interest of justice.

3. That the above said complaint was partly allowed vide judgment and

order dated 28.06.2021 and the opposite parties were made liable

and following directions were issued to the judgment

debtors/opposite parties by this Hon’ble Commission:-

i. To pay insurance claim of CAD 44159.91 equivalent to

Indian Currency to the complainants, along with interest at

the rate of 9% per annum from the date of filing of the

complaint till realization; and

 ii. To pay Rs.22,000/- as compensation for the mental agony

and harassment suffered by the complainants, including

litigation expenses.

A certified copy of judgment and order dated 28.06.2021

passed by this Hon’ble Commission is annexed herewith as

Annexure A-1.

4. That it is pertinent to mention over here that the opposite parties

No.2 and 3 were proceeded ex-parte by this Hon’ble Commission in

the aforesaid complaint.

5. That it is relevant to mention over here that the JDs/opposite parties

were directed to comply with the judgment and order dated

28.06.2021 within 30 days of receipt of the certified copy of the

judgment and order. However, in spite of the fact that the

JDs/opposite parties are well within the knowledge of the passing of

the aforesaid order and also received the certified copy of the

judgment and order dated 28.06.2021, have not complied with the

judgment and order passed by this Hon’ble Commission, so far.

Moreover, the decree holders/complainants have also made oral

requests to the JDs/opposite parties to comply with the directions

issued by this Hon’ble Commission vide aforesaid judgment and

order, however, the JDs/opposite parties have failed to comply with

the same.

6. That it is further relevant to mention here that the decree

holders/complainants have also filed caveat bearing

No.CV/152/2021 before the Hon’ble National Commission, Delhi.

Moreover, the decree holders/complainants have not received any

 summons nor any stay order from the Hon’ble National

Commission, Delhi against the order passed by this Hon’ble

Commission, till today. Hence, the order passed by this Hon’ble

Court has attained finality, therefore, in view of the order passed by

this Hon’ble Commission, it is warranted that the proceedings under

section 72 of the Consumer Protection Act, 2019 may kindly be

initiated against JDs/opposite parties and the warrants may kindly be

issued against the JDs/opposite parties and opposite party No.1

through the Manager, for the willful noncompliance of the order

passed by this Hon’ble Commission.

PLACE: CHANDIGARH

DATE: 13.09.2021 DEPONENT

VERIFICATION:

Verified that the contents of the above affidavit are true and correct

to my knowledge and belief. No part of it is false and nothing relevant has

been kept concealed therein.

PLACE: CHANDIGARH

DATE: 13.09.2021 DEPONENT

BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN

Consumer Complaint No.213 of 2019

Dharam Paul & Another ……Decree Holders/Complainants

Versus

Religare Health Insurance Company Limited

……Judgment Debtors/Opposite Parties

Affidavit of NirmalKantaW/oDharam Paul

resident of Dashmesh Nagar, Ravidasspura

Road, Noor Mehal, Jalandhar

I, the above named Deponent do hereby solemnly state and affirm as

under:
1. That I am well conversant with the facts and circumstances of the

case, and am able to depose about the same.

2. That the decree holders/complainants, who are the husband and wife,

had filed a complaint bearing No.CC/213/2019 under section 17 of

Consumer Protection Act, 1986 against the opposite parties on

account of deficiency in service and the unfair trade practice adopted

by the judgment debtors/opposite parties which lead the repudiation

of the genuine claim of the decree holders/complainants and in the

aforesaid complaint, the decree holders/complainants sought the

following directions:-
 i. To pay the amount of sum of Rs.23,62,555.19 lacs (CAD

44159.91)being medical expenditure along with upto date

interest @ 18% per annum from the date of making claim i.e.

05.07.2018 till the date of filing the present complaint i.e.

11.03.2019 which comes to Rs.2,83,506.60 + extra

expenditures incurred by the complainants to the tune of

Rs.26,000/- upon the preponement of the air ticket by

cancelling the earlier one.

ii. To direct the opposite parties to pay compensation to the

complainants to the tune of Rs.2 lacs on account of the

harassment, inconvenience, mental pain and financial loss

suffered by the complainants.

iii. To direct the opposite parties to pay the costs of litigation to

the tune of Rs.50,000/-.

iv. Any other relief to which the complainants are found entitled

by this Hon’ble Commission may also be kindly granted to the

complainants, in the interest of justice.

3. That the above said complaint was partly allowed vide judgment and

order dated 28.06.2021 and the opposite parties were made liable

and following directions were issued to the judgment

debtors/opposite parties by this Hon’ble Commission:-

i. To pay insurance claim of CAD 44159.91 equivalent to

Indian Currency to the complainants, along with interest at

the rate of 9% per annum from the date of filing of the

complaint till realization; and

 ii. To pay Rs.22,000/- as compensation for the mental agony

and harassment suffered by the complainants, including

litigation expenses.

A certified copy of judgment and order dated 28.06.2021

passed by this Hon’ble Commission is annexed herewith as

Annexure A-1.

4. That it is pertinent to mention over here that the opposite parties

No.2 and 3 were proceeded ex-parte by this Hon’ble Commission in

the aforesaid complaint.

5. That it is relevant to mention over here that the JDs/opposite parties

were directed to comply with the judgment and order dated

28.06.2021 within 30 days of receipt of the certified copy of the

judgment and order. However, in spite of the fact that the

JDs/opposite parties are well within the knowledge of the passing of

the aforesaid order and also received the certified copy of the

judgment and order dated 28.06.2021, have not complied with the

judgment and order passed by this Hon’ble Commission, so far.

Moreover, the decree holders/complainants have also made oral

requests to the JDs/opposite parties to comply with the directions

issued by this Hon’ble Commission vide aforesaid judgment and

order, however, the JDs/opposite parties have failed to comply with

the same.

6. That it is further relevant to mention here that the decree

holders/complainants have also filed caveat bearing

No.CV/152/2021 before the Hon’ble National Commission, Delhi.

Moreover, the decree holders/complainants have not received any

 summons nor any stay order from the Hon’ble National

Commission, Delhi against the order passed by this Hon’ble

Commission, till today. Hence, the order passed by this Hon’ble

Court has attained finality, therefore, in view of the order passed by

this Hon’ble Commission, it is warranted that the proceedings under

section 72 of the Consumer Protection Act, 2019 may kindly be

initiated against JDs/opposite parties and the warrants may kindly be

issued against the JDs/opposite parties and opposite party No.1

through the Manager, for the willful noncompliance of the order

passed by this Hon’ble Commission.

PLACE: CHANDIGARH

DATE: 13.09.2021 DEPONENT

VERIFICATION:

Verified that the contents of the above affidavit are true and correct

to my knowledge and belief. No part of it is false and nothing relevant has

been kept concealed therein.

PLACE: CHANDIGARH
DATE: 13.09.2021 DEPONENT
BEFORE THE HON’BLE PUNJAB STATE CONSUMER DISPUTE

REDRESSAL COMMISSION, PUNJAB AT CHANDIGARH

Execution Application No. ______ of 2021

IN
Consumer Complaint No.213 of 2019

Dharam Paul & Another ……Decree Holders/Complainants

Versus

Religare Health Insurance Company Limited

……Judgment Debtors/Opposite Parties

CALCULATION SHEET
1. Amount awarded by the Hon’ble Canadian Dollar (CAD)
Commission 44159.91 equivalent to Indian
Currency
2. Rate of CAD as per Indian Rate (as Rs.57.93 which comes to
on 12.09.2021) Rs.2558183.58.
3. Interest @ 9% per annum upon Rs.575591.30
Rs.2558183.58 from the date of
institution of the complainant i.e.
12.03.2019 to 12.09.2021 i.e. 30
months (916 days).
3. Compensation for mental agony and Rs.22,000/-
harassment suffered by the
complainant including litigation
expenses.
4. Total Amount Awarded Rs.3155774.88

PLACE: CHANDIGARH (RAKHI SHARMA& DEEPIKA GARG)

DATED: 13.09.2021 ADVOCATE
COUNSEL FOR THE COMPLAINANTS
ENROLLMENT NO.P/1572/2004& P/3294/2016