STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T., CHANDIGARH [ADDITIONAL BENCH]

Revision Petition No. : 6 of 2025 Date of Institution : 05.03.2025 Date of Decision : 19.09.2025

1] HDFC Life Insurance Company Ltd., Registered Office: Lodha Excellus, 13th Floor, Apollo Mills Compound, NM Joshi Marg, Mahalaxmi Mumbai – 400011 through its Director/Authorized Signatory.

Corp. Office: HDFC Life Insurance Company Limited, SCO 41, 3rd & 4th Floor Feroze Gandhi Market Rd, Above Tanishq Showroom Ludhiana, Punjab – 141001 through its Director/Authorized Signatory.

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2] Sh. Deepak Shantilal Parekh, Director of HDFC Life Insurance Company Ltd., Registered Office: Lodha Excellus, 13th Floor, Apollo Mills Compound, NM Joshi Marg, Mahalaxmi Mumbai – 400011.

Presently filed through Sh. Arpit Higgins, Chief Manager (Legal), HDFC Life Insurance Co. Ltd., First & Second Floor, SCO No.149-151, Sector 43-B, Chandigarh.

…..Petitioners/Opposite Parties No.3 & 4 Versus

1] Dipti Walia wife of Late Sh. Daljit Singh Walia, aged 42 years, House No.2043, Sector 21-C, Chandigarh.

…Respondent/Complainant

2] HDFC Bank Ltd. (Earlier known as HDFC Ltd.), SCO-11, Green Park Avenue, Canal Colony, Pakhowal Rd., Near Nehru Siddhant Kendra, Ludhiana, Punjab – 141001 through its Director/Authorized Signatory.

3] HDFC Bank Ltd. (Earlier known as HDFC Ltd.), Registered Office at Ramon House, 169, Backbay Reclamation, H.T. Parekh Marg, Churchgate, Mumbai – 400020 through its Director/Authorised Signatory.

...Respondents/Opposite Parties No.1 & 2 BEFORE: MRS. PADMA PANDEY, PRESIDING MEMBER MR. PREETINDER SINGH, MEMBER ARGUED BY :-

Sh. Nitin Thatai, Advocate alongwith Ms. Monika Thatai, Advocate for the revision petitioners.

Sh. Deepak Aggarwal, Advocate for respondent No.1.

Sh. Karan, Advocate proxy for Sh. Suneet Kumar, Advocate for respondents No.2 & 3.

Sh. D. S. Sidhu, Advocate, proxy for Sh. Vikas Bali, Advocate for respondent No.4.

PER PADMA PANDEY, PRESIDING MEMBER This revision petition has been preferred by the Opposite parties No.3 & 4 - HDFC Life Insurance Company Limited & its Director (petitioners herein) assailing order dated 14.02.2025 passed by the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (hereinafter referred to as the “District Commission”), whereby the District Commission, while allowing the application filed by the complainant – Dipti Walia (respondent No.1 herein) for striking of the defence of the petitioners, struck of their defence and their reply & evidence was taken of the record. The impugned order reads thus:-

“Heard on the application filed by complainant for striking of the defence of OPs No. 3 & 4 as written statement has been filed beyond the stipulated period. The ld. Counsel for OPs No.3 & 4 resisted the said application by filing reply to it.

The perusal of the record reveals that the OPs No.3 & 4 have failed to file their written version within the prescribed statutory period of 45 days from the date of service – 27.4.2022, hence the aforesaid application of complainant stands allowed. Accordingly, the defence of OPs No.3 & 4 stands struck of. Thus the reply & evidence of OPs No.3 & 4 are taken of the record.

For oral arguments of the parties, listed for

27.3.2025.”

2] It is the contention of the petitioners in revision that under the provisions of Section 40 of Consumer Protection Act 2019, the District Commission has the power to review any of its orders, if there is an error apparent on the face of record, either of its own motion or on an application made by any of the parties within 30 days of such order. It has further been stated that the District Commission without explaining/assigning any reason in the impugned order, at belated stage after delay of 895 days, struck off the defence of the petitioners by going beyond its jurisdiction. It has further been stated that on 17.05.2024, the petitioners moved an application for summoning of medical record alongwith the Doctor from Maini Hospital, Mohali and from Mohan Dai Oswal