SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(NCDRC) 3378

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
CHHOTI DEVI (DECEASED) – Appellant
Versus
BHARTI AXA LIFE INSURANCE CO. LTD. & 3 ORS. – Respondent
NC/FA/722/2021



Petitioner Advocates:MR. ANKIT ACHARYA, PRATIKSHA SHARMA, RITU CHAUDHARY, ,Respondent Advocate: M/S. THE LAW DESK

>'•srqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

IN THE NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

RESERVED ON : 11.07.2025

PRONOUNCED ON : 11.08.2025 FIRST APPEAL NO. 722 OF 2021

(From the order dated 26.03.2021 in CC No. 63/2018 of the State Consumer Disputes Redressal Commission, Rajasthan)

Chhoti Devi (Deceased)

Through LRs

a) Santosh D/o Late Chhoti Devi

b) Pushpa Devi D/o Late Chhoti Devi

c) Sunil Soni Grand son of Late Chhoti Devi

d) Monika Grand daughter of Late Chhoti Devi

Add: Chhoti Devi W/o Late Sh. Kikhmi Chand

R/o Prithvi Raj Thada

Merta City, District Nagaur

(Amended Memo of Parties not filed) Appellants

Versus

1. Bharti AXA Life Insurance Co. Ltd. Through Managing Director and CEO

Having its registered office at Unit No. 601 & 602, 6th Floor,

Raheja Titanium,

Off Western Express

Highway, Goregaon (East)

Mumbai-400063

2. In-charge, Customer Care

Bharti AXA Life Insurance Co. Ltd.,

Office at:

Unit No. 601 & 602, 6th Floor,

Raheja Titanium,

Off Western Express

Highway, Goregaon (East)

Mumbai-400063

3. Branch Manager,

Bharti AXA Life Insurance Co. Ltd.,

Having office at:

1st Floor, Yadav Complex

Mkarwadi Road,

Behind Bikaner Misthan Bhandar,

Vaishali Nagar, Ajmer (Raj.)

FA 722 OF 2021 Page 1 of 11

4. Smt. Kiran, Advisor Code 165045 Bharti AXA Life Insurance Co. Ltd.

1st Floor, Yadav Complex, Mkarwadi Road, Behind Bikaner Misthan Bhandar, Vaishali Nagar, Ajmer (Raj.)

(R-4 deleted vide order dated 11.07.2025) Respondents BEFORE:

HON'BLE DR. INDER JIT SINGH, PRESIDING MEMBER HON'BLE JUSTICE DR. SUDHIR KUMAR JAIN, MEMBER For the Appellant : Mr. An kit Acharya, Advocate Ms. Ritu Chaudhary, Advocate For the Respondentsihgfedc: baMZYrX. WAVaUkaTSshR QVPaOsNhMisLhKtJaI,H AGFdEvDoCcaBtAe for R-l to 3 (VC)

None- R-4

ORDER

DR. INDER JIT SINGH, PRESIDING MEMBER

1. The present First Appeal (FA) has been filed by the Appellants against Respondents as detailed above, under section 19 of Consumer Protection Act 1986, against the order dated 26.03.2021 of the State Consumer Disputes Redressal Commission, Rajasthan (hereinafter referred to as the 'State Commission'), in Consumer Complaint (CC) No. 63/2018 inter alia praying for setting aside the order dated 26.03.2021 passed by the State Commission and allowing the Consumer Complaint No. 63/2018.

2. While the Appellant Chhoti Devi was Complainant before the State Commission, the Respondents herein were Opposite Parties in the said CC/63/2018 before the State Commission. Notice was issued to the Respondents on 19.07.2022. Since Smt. Chhoti Devi has expired, she has been represented through her LRs as detailed above. Counsel for the Appellants has not filed the amended memo of parties despite directions, hence, the address against the LRs is taken from the Memo of Parties filed FA 722 OF 2021 Page 2 of 11 t'

along with the Appeal before this Commission. However, the names of LRs have been taken from the application of the Appellant filed for bringing on record the LRs of Late Smt. Chhoti Devi.

3. Brief facts of the case, as emerged from the First Appeal, Order of the State Commission and other case records are that: -

Mr. Padam Soni (deceased)/son of Smt. Chhoti Devi, during his life time, took insurance policy through advisor/Respondent-4 of the OP/Insurance Company for sum insured of Rs.25,00,000/- for the period from 28.12.2015 to 28.12.2035 for a term of 20 years by paying premium of Rs.10,900/-. Mr Padam Soni/insured died on 17.01.2017 by heart attack. Smt. Chhoti Devi mother of deceased Padam Soni filed claim before the Insurance Company. Vide letter dated 08.06.2017, the insurance company repudiated the claim. Hence, Smt. Chhoti Devi mother of the insured Padam Soni filed complaint before the State Commission.

4. Vide Order dated 26.03.2021, the State Commission has dismissed the Complaint filed by the Appellant herein.

5. Appellant(s) have challenged the Order dated 26.03.2021 of the State Commission mainly on following grounds:

(i) The State Commission passed the order without considering the facts in totality a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top