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High Court of DelhiW.P.(C)/4241/2020

Mohd Mustkeen Khan v. Insurance Regulatory And Development Authority Of India & ORS.

2020-09-11Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 4241/2020 and CM Nos. 15254/2020, 15270/2020 MOHD MUSTKEEN KHAN ..... Petitioner Through Mr.Manoj Gahlaut and Mr. Varun Jain, Advs.

versus INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA & ORS.

..... Respondents Through Mr.Kamal Mehta, Adv.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 11.09.2020 1.

This writ petition is filed seeking the following reliefs:- "i.

Issue a Writ, order, direction in the nature of mandamus in favour of the petitioner and against the respondents thereby directing the respondents jointly and severally to release the surrender amount of the insurance policy bearing No. 125616906 in favour of the petitioner.

ii.

Issue a writ, order, direction in the nature of mandamus in favour of the petitioner and against the respondents thereby directing the respondents jointly and severally to pay the compensation to the tune of Rs.50,000/- (Rupees fifty thousand only) to the petitioner on account of infringing the fundamental right, Article 14, 19 (l) (g) and 21 of Constitution of India." 2.

The admitted fact is that when the matter came on 16.07.2020, the submission of the learned counsel for the respondent LIC was recorded that

the payment already stands transferred to the account of the petitioner. 3.

Today, learned counsel for the petitioner confirms that the payment of the policy in question has been received by the petitioner. He however insists that the writ petition is not infructuous as he has also prayed for Rs.50,000/- as compensation on account of delay and infringement of his fundamental rights.

4.

The petitioner had surrendered the policy on 09.06.2020. He received money on or before 16.07.2020, though learned counsel for the petitioner is unable to give the exact date. In my opinion, nothing further survives in this petition. In case there is any breach of contractual conditions on the basis of which the petitioner seeks damages, the petitioner is free to take appropriate steps as per law.

5.

The petition is disposed of. Pending applications also stand disposed of.

JAYANT NATH, J SEPTEMBER 11, 2020 rb