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2025 Supreme(Online)(SCDRC) 32571

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
E.S.I.C. HEADQUARTERS. – Appellant
Versus
PARAMJIT KAUR – Respondent
SC/4/FA/169/2025



STATE CONSUMER DISPUTES REDRESSAL COMMISSION CHANDIGARH FIRST APPEAL NO. SC/4/FA/169/2025 (Against the Order dated 11th March 2025 in Complaint DC/AB1/44/CC/732/2021 of the District Consumer Disputes Redressal Commission Df-ii)

E.S.I.C. HEADQUARTERS.

PRESENT ADDRESS - THROUGH ITS DIRECTOR GENERAL, NEAR INDRAPRASTHA POST OFFICE, KOTLA ROAD, NEW DELHI.CHANDIGARH,CHANDIGARH.

ESI CORPORATION.

PRESENT ADDRESS - THROUGH ITS REGIONAL DIRECTOR SH. SUNIL TANEJA, SECTOR

19-A, MADHYA MARG, CHANDIGARH. CHANDIGARH,CHANDIGARH.

M/S RAJINDER SINGH AND BROTHER.

PRESENT ADDRESS - VILLAGE RAIPUR KHURD, 5562, MHC, MANIMAJRA CHANDIGARH THROUGH ITS PROPRIETOR SH. RAJINDER SINGH.CHANDIGARH,CHANDIGARH.

.......Appellant(s)

Versus PARAMJIT KAUR PRESENT ADDRESS - WIFE OF LATE SUKHWINDER SINGH, RESIDENT OF HOUSE NO. 22, VILLAGE RAIPUR KHURD, CHANDIGARH 160003.CHANDIGARH,CHANDIGARH.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE RAJ SHEKHAR ATTRI , PRESIDENT HON'BLE MR. RAJESH KUMAR ARYA , MEMBER FOR THE APPELLANT:

E.S.I.C. HEADQUARTERS.

DATED: 08/09/2025

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH

Appeal No. : 169  of 2025
Date of Institution : 06.05.2025
Date of Decision : 08.09.2025

1. Employees State Insurance Corporation, Sector 19-A, Madhya Marg, Chandigarh through its Regional Director

2. Employees State Insurance Corporation Headquarters, through its Director General, Near Indraprastha Post Office, Kotla Road, New Delhi.

…Appellants/opposite parties no.1 and 2 V e r s u s

1. Smt. Paramjit Kaur wife of late Sukhwinder Singh, resident of House No.22, Village Raipur Khurd, Chandigarh 160003.

2. M/s Rajinder Singh & Brother, Village Raipur Khurd, 5562, MHC, Manimajra, Chandigarh through its Proprietor Sh. Rajinder Singh ….Respondents BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH K. ARYA, MEMBER Present:- Ms.Seema Pasricha, Advocate for the appellants.

Sh.Sukhbir Singh, Advocate for respondent No.1/ complainant Smt.Paramjit Kaur wife of Late Sukhwinder Singh, resident of House No.22, Village Raipur Khurd, Chandigarh 160003.

Sh.Jasbir Singh, Advocate for respondent No.1 Smt.Paramjit Kaur widow of Late Avtar Singh, resident of Dharamgarh, Lalru, SAS Nagar (Mohali), Punjab 140501 -already deleted from the array of the parties vide order dated 21.07.2025.

None for respondent No.2.

JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT This appeal has been filed by the appellants/opposite parties no.1 & 2 (hereinafter referred as “the appellants”) challenging the order dated 11.03.2025, passed by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (in short the District Commission) in consumer complaint No.732 of 2021 filed by the respondent no.1/complainant was partly allowed and the appellants were directed:

“…….10. In view of the above discussion, the present consumer complaint succeeds, the same is accordingly partly allowed and OPs 1 & 2 are directed as under :-

(i) to immediately settle and pay the monthly pension of the complainant on account of death of her husband.

(ii) to also pay 20,000/- to the complainant as compensation for the harassment caused as well as litigation expenses.

This order be complied with by OPs 1 & 2 within 60 days from the date of receipt of its certified copy Since no deficiency in service or unfair trade practice has been alleged or proved against OP No.3, the consumer complaint qua it stands dismissed with no order as to costs…”

2. Before the District Commission, it was the case of the complainant that her deceased husband, Sh. Sukhwinder Singh, who was employed as a security guard with opposite party no. 3, had ESI deductions made from his salary and was insured with opposite parties No. 1 and 2 under the ESI scheme (Ex.C-1). On 08.11.2020, while on duty, her husband had suddenly collapsed and become unconscious. He was taken to a doctor in Village Raipur Khurd, where he was declared brought dead due to a sudden heart attack. Intimation regarding the incident was given to opposite party no. 3. The comp

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