STATE CONSUMER DISPUTES REDRESSAL COMMISSION PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH Date of Institution : 11.02.2024 Reserved on : 03.03.2026 Date of Decision : 16.03.2026 M/s United India Insurance Co. Ltd., Rajpura-Zirakpur Road, Banur, Mohali, Punjab, through its Manager now through Sanjeev Kumar, A.M. U.I.I.Co. Limited, R.O., Legal Cell, 108, 3^rd Floor, Surya Tower, The Mall, Ludhiana.

…..Appellant/Opposite Party No.1 Versus

1. Kulwinder Kaur aged about 37 years W/o Late Baldev Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali). (Wife)

2. Darshan Kaur aged about 65 years W/o Sh. Amarjit Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali). (Mother)

3. Gurmanjot Singh aged about 9 years S/o Late Baldev Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali), through her mother/Natural Guardian Kulwinder Kaur W/o Late Baldev Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali).

(Son)

4. Ramneet Kaur aged about 18 years D/o Late Baldev Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali). (Daughter)

5. Japneet Kaur aged about 15 years D/o Late Baldev Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali). (Daughter)

(All are legal heirs of Late Baldev Singh S/o Sh. Amarjit Singh, R/o Village Khizargarh, Karala, SAS Nagar (Mohali).

..…..Respondents No.1-5/Complainants

6. Ravneet Singh S/o Sukhwinder Singh, R/o P.O. Banur, Tehsil and District SAS Nagar (Mohali) (agent of M/s United India Insurance Company Limited).

..…..Respondent No.6/Opposite Party No.2 First Appeal under Section 41 of Consumer Protection Act, 2019 for setting aside the order dated 13.04.2023 passed by the District Consumer Disputes Redressal Commission, Fatehgarh Sahib Camp Court at SAS Nagar (Mohali) in RBT/Consumer Complaint No.1169 of

2018.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Mr. Vishav Kant Garg, Member Present:-

For the Appellant : Sh. Lalit Garg, Advocate For Respondents No.1-5 : Sh. Subhkarman Singh Gill, Adv.

For Respondent No.6 : None

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

3) Whether judgment should be reported in the Digest? Yes/No JUSTICE DAYA CHAUDHARY, PRESIDENT:-

The Appellant/OP No.1, i.e. M/s United India Insurance Company Limited, through Assistant Manager has filed the present Appeal under Section 41 of the Consumer Protection Act, 2019 (in short the ‘Act’) being aggrieved by the order dated 13.04.2023 passed by the District Consumer Disputes Redressal Commission, Fatehgarh Sahib Camp Court at SAS Nagar (Mohali) (in short the “District Commission”) in RBT/Consumer Complaint No.1169 of 2018, whereby the Complaint filed by the Complainant had been partly allowed.

2. There was delay of 220 days in filing of the Appeal. M.A. No.247 of 2024 was filed for condonation of delay which was supported by an affidavit. Notice in the Application was issued to the Respondents and they filed written reply to the Application wherein certain preliminary objections were raised mentioning that the delay had not been properly explained.

3. After hearing the oral arguments raised by the parties, the delay of 220 days was condoned vide order dated 30.08.2024 subject to cost of Rs.10,000/-, out of which Rs.5000/- was ordered to be deposited in the Consumer Legal Aid Account of this Commission and remaining Rs.5000/- was ordered to be paid to the Respondent No.1 by way of demand draft or by transferring in her account. M.A.

was disposed off accordingly.

4. Briefly, the facts of the case of the Complainants which are necessary for disposal of the present Appeal are that the Complainants being aggrieved by the action of the OPs had filed the Complaint before the District Commission with the following prayer :-

“It is the humble request of the complainant that in the interest of justice this Hon’ble Forum may be pleased to :-

a) Direct the OP’s to settle the actual claim of the complainant to the tune of Rs.2 lacs without any delay.

b) Direct the OP