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FA/13/2024 D.O.D.: 28.04.2026

ICICI LOMBARD GENERAL INSURANCE C0MPANY LTD. VS MRS. RAKHI KUMARI

IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL

COMMISSION

Date of Institution: 06.01.2024

Date of Hearing: 16.12.2025

Date of Decision: 28.04.2026

FIRST APPEAL NO.- 13/2024

IN THE MATTER OF

ICICI LOMBARD GENERAL INSURANCE COMPANY

LIMITED,

(THROUGH ITS AR)

TH

AT: 4 FLOOR, RED FORT CAPITAL,

PARASAVNATH TOWERS,

BHAI VEER SINGH MARG, GOLE MARKET

NEW DELHI-110001

(Through: Mr. S.K. Sharma, Advocate)

…Appellant

VERSUS

MS. RAKHI

R/O RZ-65 NAND VIHAR,

KAKROLA

NEW DELHI-110078.

(Through: Mr. Shripal, Advocate)

…Respondent

DISMISSED PAGE 1 OF 8

FA/13/2024 D.O.D.: 28.04.2026

ICICI LOMBARD GENERAL INSURANCE C0MPANY LTD. VS MRS. RAKHI KUMARI

CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. BIMLA KUMARI, MEMBER (FEMALE)

Present: None for the Appellant

Mr. Shripal, counsel for the Respondent

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, (PRESIDENT)

JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“2. Briefly stated the facts of the case are that complainant had

taken a online health insurance policy bearing no.

4128i/iH/162247038/00/000 on 21.12.2018 from OP. It is further

stated that said policy was valid from 21.12.2018 to 20.12.2019

for the sum insured of Rs.5,00,000/- (Rupees Five Lakh only).

3. The complainant got admitted in the Parth Hospital for her

treatment on Adaye 13.09.2019 and remained hospitalized till

17.09.2019. The above said hospital generated a bill of

Rs.37,950/- (Rupees Thirty Seven Thousand Nine Hundred Fifty

only) which was paid by complainant.

4. It is also alleged that complainant claimed the aforesaid bill

amount before the OP, but OP rejected the claim 220100532409

on 29.10.2019 with reason mentioned as under:

"Claim rejected as policy has been cancelled."

5. It is further stated that the case was withdrawn from south west

consumer १ forum on 26.05.2023 with liberty to file it in the

Competent Commission having jurisdiction.

6. It is also stated that the complaint has been filed within the

period of limitation. The cause of action arose to file the present

DISMISSED PAGE 2 OF 8

FA/13/2024 D.O.D.: 28.04.2026

ICICI LOMBARD GENERAL INSURANCE C0MPANY LTD. VS MRS. RAKHI KUMARI

case when the claim of the complainant was rejected by OP on

29.10.2019.

It is prayed that OP be directed:

i) To pay Rs.37,950/- to the complainant on account of the

medical expenses incurred on the treatment of the

complainant/insured alongwith pendent lite interest @ 18% p.a.

from 29.10.2019 till the actual realization.

ii) OP be also directed to pay Rs.2,00,000/- as

damages/compensation for the loss, pain and injury suffered by

the complaint on account of mental agony, harassment and

inconvenience suffered by the in service of the OP and

complainant due to deficiency Rs.1,00,000/- as litigation

expenses.”

2. The District Commission after taking into consideration the material

available on record passed the order dated 22.11.2023, whereby it held as

under:

“8. Notice of the complaint was issued to OP pursuant to

which none appeared for OP. An application moved by

complainant to strike off the defence of OP as WS was filed

beyond the statutory period. It is stated that OP was served on

12.06.2023 but WS was filed on 26.07.2023 which is beyond the

statutory period. Reply filed opposing the application stating that

complete set of complaint was supplied only on 26.07.2023 as

such the WS is within the statutory period.

9. It is to be noted that none has appeared for OP on the date of

hearing of 28.07.2023 after service and pointed out that complete

set of complaint and documents has not been supplied.

10. In this regard, the Hon'ble Supreme Court held in the case

titled New India Assurance Company Ltd. Vs. Hilli Multipurpose

Cold storage Pvt. Ltd. reported in 2020 (5) SCC 757 as under:

DISMISSED PAGE 3 OF 8

FA/13/2024 D.O.D.: 28.04.2026

ICICI LOMBARD GENERAL INSURANCE C0MPANY LTD. VS MRS. RAKHI KUMARI

"the objection of not having received a copy