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BEFORE THE HONOURABLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM SAS NAGAR MOHALI, PUNJAB

CONSUMER COMPLAINT NO. 344 OF 2016

Kiran Kochhar ...Complainant
VERSUS
Sri Guru Harkrishan Sahib (C) Eye Hospital
& Anr. Opposite parties

WRITTEN STATEMENT ON BEHALF OF OP NO. 5 i.e. HDFC

ERGO GENERAL INSURANCE COMPANY

MOST RESPECTFULLY SHOWETH:

1. That it is submitted that the present answering OP no. 5

have no concern whatsoever with the present case
complaint and nothing incriminatingno relief whether
directly or indirectly has been claimed by the Complainant
against the present OP no. 5.
2. That it is stated before this Hon’ble Forum that no cause of
action has ever arisen on part of the complainant as well
as the other opposite parties by as against the present OP
no. 5.
3. That primarily it is submitted that the present OP No. 5
has been falsely without any basis impleaded by the op no.
2 which is the grave abuse of the process of law. It is
submitted that present OP no.5 is filing the present written
statement seeking the justice from this hon’Ble Forum.
4. That it is submitted that all the statements made in the
Complaint by the Complainant are denied in toto unless
specifically admitted by the present OP No. 5 in the
following Paragraphs. It is further submitted that any
omission to specifically deal with any of the averments
made in the complaint shall not be taken as admission on
the part of the OP no.5 unless specifically admitted in this
Written statement.
5. That it is submitted that various defenses raised in this
Written statement are without prejudice to one another.
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6. That it is submitted admitted, subject to verification of

premium payment in compliance to Section 64VB of
Insurance Act, that the OP no.2 had purchased Insurance
Policy frominsurance policy was issued by L & T General
Insurance Co. Ltd. for the period starting from 2/9/2015
till 1/9/20152016 to the OP No. 2. Hereto annexed and
marked “EXHIBIT OP-1” is the copy of the Insurance
Policy No.914103005755820000 along with Policy Wording
showing Terms & Conditions of the Policy. The rights and
duties of the insurer as well as the insured, is subject to
the terms and conditions governing the said policy.
7. That it is submitted that in the present matter, the
complainant is not the beneficiary of the said policy hence,
the said respondent is not liable under the policy to pay
the compensation or damages whatsoever. Further, it is
the case of the OP no.2 that he is insured under the Policy
and has also not filed any claim under the Policy and
therefore the said OP no.2 not liable against any claim
under the policy.
8. That it is submitted that liability under the insurance
policy does not arise unless the errors or omissions, as
defined under the policy, has been established on the part
of OP-2 and provided that OP-2 lodges the claim with this
OP- for such errors or omissions.
9. That the present dispute under the complaint is between
the Complainant on the one side and the doctor and
hospital on the other. Thus, the liability of this OP cannot
be adjudicated in the present complaint which is not
against this OP. Furthermore it is submitted that two
cause of action cannot be clubbed and adjudicated under
the single complaint.
10. That it is submitted that the Complainant has not come
before this Honourable Court with clean hands hence he is
not entitled for any relief as prayed or otherwise.
11. That without prejudice to whatever stated hereinabove, the
Paragraph-wise reply of the Opposite Party to the
Complaint is as follows:
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(1) With reference to Paragraph Nos.1 to 9 of the

Complaint, it is submitted that the statements made
therein are specifically denied and the Complainant is
put to the strict proof thereof. It is submitted that in
view of the facts & circumstances coupled with
documentary evidence, neither the Complainant is the
Consumer of this OPs nor is there any deficiency &
unfair trade practice by the OP no.5.
(2) That with reference to Paragraph No. 10 & 11 of the
Complaint, the same is not within the knowledge of the
insurer hence denied in toto and put to strict proof
thereof. Further, the same needs no separate reply as
no averment and/or allegation has been made out
against the present OP no.5.
(3) That with reference to Paragraph No.12 to 14 of the
Complaint, the contents are not within the knowledge of
the respondent and therefore denied in toto and puts to
strict proof thereof. Further, the same needs no
separate reply as no averment and/or allegation has
been made out against the present OP no.5.
(4) That with reference to Paragraph No.15, 17 & 18 of the
Complaint, it is submitted that the statements made
therein are part of the record hence no separate
comments are necessary.
(5) That it is submitted that while filing the present
complainatcomplaint the present OP no.5 was not the party to the
complaint and the prayer was made by the complainant only
against the 4 opposite party. The present OP no.5 was impleaded
malafidely without any basis by the OP no.2 just to run out from his
liabilities.
(6) That it is submitted that the proceeding qua present OP no.5 may
kindly be dropped as there is no deficiency of services on part of the
present OP no.5 to the OP no2. OP no.2 has never ever made any
kind of claim or representations to which the present OP no.5 has
ever objected. It is submitted that in the present case the name of
the present OP no.5 may kindly be deleted and the OP no.2 may
kindly be directed to move to the OP no.5 through proper channel.
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The claim on the basis of assumptions cannot be granted to the

claimant and neither it isis it a part of policy.
9. That it is submitted that due to these type of frivolous
litigations the goodwill of the esteemed name of the present OP no.5
is at stake. It is further submitted that the parties who have pulled
the present OP no.5 in the present case may kindly be
burdebnedburdened with the heavy cost.

10. That the OP no.5 craves leave of this Honourable Forum to

add, alter, delete or substitute any of the contents of this Written
statement if the need arise.

It is therefore prayed that:

(a) This Honourable Forum may be pleased to dismiss the

Complaint of the Complainant as well as the application of the
op no. 2 by which the present op no. 5 is impleaded in the
facts and circumstances of the case by holding that there is
no deficiency or unfair trade practice or restrictive trade
practice on the part of the OP no.5;

(b) The Complainant / party who impleaded the present OP

no.5 may kindly be directed to pay the costs of this
Complaint to the Opponents;

(c) The Complainant/ party who impleaded the present OP

no.5 may kindly be directed to pay the appropriate
compensation to the Opponents for filing false complaint;

(d) The name of the present OP no.5 may kindly be deleted

from the present complaint case as nothing incriminating is
claimed against the present OP no.5.

(e) Any other and further relief, as in the facts and

circumstances of this case deems fit and proper, may kindly
be granted in favour of OP no.5.
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AND for this act of Kindness and Justice, the OP no.5 shall as
is duty bound ever pray.

Filed before Forum at SAS Nagar, Mohali,

This ___ day of May 2019.

Opposite party no. 5

Through Counsel
VAIBHAV GOEL
ADVOCATE
Advocate for opposite party no. 5

VERIFICATION

I, ___________________, aged adult, _______________ of the

Opponent above named, do hereby state and declare that whatever
is stated in aforesaid Paragraphs is true and correct to the best of
my knowledge and information which I believe to be true and
correct.

Opposite Party No. 5

Verified at Mumbai,
This ___ day of May 2019
Through Counsel
VAIBHAV GOEL
ADVOCATE
Advocate for opposite party no. 5
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BEFORE THE HONOURABLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM SAS NAGAR MOHALI, PUNJAB

CONSUMER COMPLAINT NO. _____ OF 2018

Kiran Kochhar ...Complainants
VERSUS
Sri Guru Harkrishan Sahib (C) Eye Hospital
& Anr. … Opponent

AFFIDAVIT IN SUPPORT OF WRITTEN VERSION

OF THE OPPONENT

I, ___________________, Pankaj Kumar aged 33 yearsadult,

_______________Manager Legal and Authorized Signatory of the
Opponent Opposite Party No. 5 above named, having office at
_________________________________________________, C-25, Stellar IT
Park, Sector 62, Noida do hereby state on solemn affirmation as
hereunder:

1. I am duly authorized to sign the Written Version and to

depose on behalf of the Opponent. I am conversant with the facts of
the present case and am able depose for the same. I further say
that my Written Version may kindly be considered as reproduced
herein verbatim for the sake of brevity and to avoid repetition.

2. I say that the content of para 1 to 10 of my written statement

may be read as part and parcel of the present written statement.
3. I say that all the averments made in the Written statement as
well as in the present affidavit are true and correct to the best of my
knowledge and information.

Deponent
Solemnly affirmed at ____________,
This ___ day of May 2019.

VERIFICATION
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I, ___________________, aged adult, Manager - Legal and

Compliance of the OpponentPankaj Kumar, the above named, do
hereby state and declare that whatever is stated in aforesaid
Paragraphs is true and correct to the best of my knowledge and
information which I believe to be true and correct.

Deponent
Verified at _____________,
This ___ day of May 2019.
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