Mahendra Ravidas, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11535 of 2021 ====================================================== Mahendra Ravidas, Son of Babulal Ravidas, Resident of Village-Bajaura, P.S.-Dobhi, Dist-Gaya.

... ... Petitioner/s

Versus

The Union of India through The Principal Secretary, Government of India, New Delhi.

The Principal Secretary, The Ministry of Finance, New Delhi-110001. The Managing Director, Bharti AXA Life Insurance Co. Ltd. IRDAI Regd. No. 130 Unit No. 1904, 19th Floor Parinee Crescenzo, G Block, Bandra Kurla Complex, BKC Road Near MCA Club, Bandra (East) Mumbai400051. The Branch Manager, Grievance Redressal Cell Bharti AXA Life Insurance Co. Ltd. Spectrum Tower, 3rd Floor, Opp. Evershine Mall, Malad (W) Mumbai-400064.

The Branch Manager, Office of the Insurance Ombudsman Hindustan Building Annexe, 4th Floor, 4 CR Avenue Kolkata-700072. The Branch Manager, Office of the Ombudsman 1st Floor, Kalpana Arcade Building Bazar Samiti Road, Bahadurpur, Patna-800006. The Branch Manager, Bharti AXA Life Insurance Co. Ltd. Hazaribag, Jharkhand.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Respondent/s :

Mr. Dhananjay Kashyap, AC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-10-2021 Heard.

The present writ petition has been filed seeking the following reliefs:- "(i) A certiorari quashing the order dated 28.02.2021 passed by the Customer Care Bharti AXA Life Insurance Co. Ltd. (Annexure-07).

(ii) A mandamus commanding direction to the respondent authorities to take necessary action

Patna High Court CWJC No.11535 of 2021(2) dt.07-10-2021 2/2 for the repudiation of death Claim of the insured Sharda Devi of Police no. 502-3245409."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate petition before the competent court/ consumer forum for redressal of the grievances of the petitioner. The learned counsel for the respondent, Shri Dhananjay Kashyap, AC to ASG has got no objection. Having regard to the facts and circumstances of the case, the present writ petition stands disposed of, however, with liberty to the petitioner to take recourse to such remedies as are available under the law including approaching the consumer Forum having competent jurisdiction and in case appropriate petition is filed within a period of four weeks from today, the learned court/ competent consumer forum shall consider the case of the petitioner on merits, without being impeded by the issue of limitation, and pass appropriate orders in accordance with law.

(Mohit Kumar Shah, J) Tiwary/- U