Disposed

Gayatri Devi @ Gyatri Devi, v. The Divisional Manger

Patna HC18 Feb 2020CWJC/1001/2020

Case brief

AI extract

What is this about?

In a writ petition for a mandamus directing LIC to pay a death cum maturity claim, the petitioner requested withdrawal of the petition with liberty to approach the Consumer Forum without limitation. The court allowed withdrawal on these terms.

What did the court decide?

Petition dismissed with liberty to approach Consumer Forum (competent forum) within four weeks without being impeded by limitation.

Gayatri Devi @ Gyatri Devi, Vs The Divisional Manger — Consumer Protection | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1001 of 2020

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======================================================

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Gayatri Devi @ Gyatri Devi, Wife of Dinesh Saw, Resident of Village-Baghi Bardiha, P.S.-Warisaliganj, District-Nawada.

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... ... Petitioner

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Versus

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1. The Divisional Manger, Patna Division-I, Life Insurance Corporation of India, Jeevan Prakash Building, Frazer Road, Patna.

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1. The Senior Manager, Claim, Patna Division-I, L.I.C. of India, Jeevan Prakash Building, Frazer Road, Patna.

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The Branch Manager, Life Insurance Corporation of India, Nawada Branch, Nawada.

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... ... Respondents ====================================================== Appearance : For the Petitioner : Mr.Sanjay Kumar Sinha, Adv. For the Respondents : Mr.Ramchandra Lal Das, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 18-02-2020

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Heard learned counsel for the petitioner and the

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learned counsel for the respondents.

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The petitioner by way of the present writ petition

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seeks the following relief :-

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(i) For issuance of writ in the nature of mandamus directing and commanding the respondents to pay all amount of Death CumMaturity claim with statutory interest of 12 % per annum to the petitioner who is mother of the deceased policy holder and she is nominee in the Life Insurance Policy No. 517375095 issued in the name of Kundan Kumar by the L.I.C of India Nawada Branch, who died due to ailment on 23.01.2014 during treatment at

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Patna High Court CWJC No.1001 of 2020(2) dt.18-02-2020 2/3

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Indira Gandhi Institute of Medical Science (I.G.I.M.S) Patna whereas the petitioner has submitted all relevant paper as per requirement with claim form but the respondent demanded further requirement of treatment paper of I.G.I.M.S, Patna with claim from B, B-1 & Bed Head Ticket, the same has not been supplied to the petitioner by the I.G.I.M.S. Administration in absence of that the grievances of petitioner is still pending, for redressal since long rather the petitioner move time without number before the respondents for redressal of their grievance.

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After some arguments, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to approach the Competent Court/Forum (the Consumer Forum) having appropriate jurisdiction.

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Having regard to the facts and circumstances of the case, the writ petition stands disposed of as not pressed however, with liberty to the petitioner to approach the Competent Court/Forum having appropriate jurisdiction by filing appropriate complaint and in case such a complaint is filed within a period of four weeks from today, the learned Court/Forum shall not be impeded by the issue of limitation and would decide the complaint of the petitioner

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Patna High Court CWJC No.1001 of 2020(2) dt.18-02-2020 3/3

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on merits.

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The writ petition stands disposed of on the

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aforesaid terms.

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(Mohit Kumar Shah, J)

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K.K.RAO/- U

Gayatri Devi @ Gyatri Devi, v. The Divisional Manger

Case brief

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Gayatri Devi @ Gyatri Devi, v. The Divisional Manger

Case brief

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What the court decided

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