GOVERNMENT OF KARNATAKA

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

BENGALURU URBAN
8th Floor, Cauvery Bhavan, BWSSB Building, Bengaluru Urban-560009.
Under the Consumer Protection Act, 2019

Execution Application No.

CC/100/2022

Late Mr. Radhakrishnan Jayaram (Through Legal Representatives) ......Petitioner/Complainant/Appellant

Versus

HDFC Life Insurance Company Limited ……..Respondent(s)

To
Opposite Party / Respondent Name:
HDFC Life Insurance Co. Ltd.,
Rep. by Mr. Vinoth.L,
Senior CSM,
No.9, Esquire Centre,
4th floor, M.G. Road,
Bengaluru-560001
(Sri Mohan Malge, Adv.)

NOTICE UNDER SECTION 72 OF THE CONSUMER PROTECTION ACT 2019

The Decree Holder/s has/have filed an Execution Application stating that the Judgement Debtor/s
has/have not complied with the Orders of this District Commission in CC No.100/2022 dated
25/01/2024. and sought action against you Us. 72 of Consumer Protection Act, 2019. The copy of
EA is enclosed herewith.

You are hereby summoned to appear before this Commission in person or through pleader duly
instructed, on this the at to show cause why action shall not be taken Us.72 of
the C.P. Act for your disobedience of the order passed in CC No. 100/2022 dated 25/01/2024.

Given under my hand and seal of this Commission on

By Order of the Commission,

Asst. Registrar cum Asst. Administrative Officer

 BEFORE THE HONBLE PRINCIPAL DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION, AT : BENGALURU URBAN

EXECUTION. CASE NO. /2024

IN

CONSUMER COMPLAINT NUMBER: 100/ 2024

BETWEEN:
Late Mr. Radhakrishnan Jayaram (Through Legal Representatives) ............... DECREE HOLDERS

AND:

HDFC Life Insurance Company Limited ......................................................... JUDGMENT DEBTORS

INDEX

SL.No. Descriptions Page

No

1. Execution Petition filed under Section 71 & 72 of

ConsumerProtectionAct 2019
2. Affidavit
3. Application under section U/s 71 of Consumer
Protection Act, 2019.
4. List of Documents
5. Vakalathnama
JDR copy

PLACE: BENGALURU
DATE:- /04/2024 ADVOCATE FOR DECREE HOLDER
(RAMAKRISHNA SRINIVASAN )
 BEFORE THE HON'BLE PRINCIPAL DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION, AT : BENGALURU URBAN

EXECUTION.CASE NO. /2024

IN

CONSUMER COMPLAINT NUMBER:100/ 2022

BETWEEN

DECREE HOLDER:-

Late Mr. Radhakrishnan Jayaram (Through Legal Representatives)

S/o Late. Mr. Radhakrishnan
Represented by Mrs. Chengalpet Kumar Asha
W/o Radhakrishnan Jayaram
Aged about 51 years

Address at: Dr. Jayarams Diagnostic Centre Pvt Ltd.

No. 9, Levilla Kriti Layout,
Kammanahalli Main Road,
Bangalore, Karnataka- 560084
Ph No: 09243472006

JUDGEMENT DEBTORS:

HDFC Life Insurance Company Limited

Represented by Mr. Vinoth L, Senior CSM
No. 9, Esquire Centre, 4th Floor,
MG Road,
Bangalore- 560001
EXECUTION PETITION FILED UNDER SECTION7 1 AND 72 OF THE CONSUMER PROTECTION
ACT 2019 ,THE DECREE HOLDER RESPECTFULLY SUBMITS AS UNDER:-

That the addresses of parties for the purpose of the service of summons, notice etc. which
are as stated in the cause title supra. The Decree Holder is represented by M/s Lex Geneis
International Attorney through its counsels namely, Mr. Ramakrishna Srinivisan, Ms
Bhavna, Ms. Afraa Momin, Ms. Harshit Kaur Gidda, Mr. Calvin Baptist Furtado and Mr.
Ashwin Radhakrishnan and having its office at G-004, Raheja Plaza, Commissariat Road,
Richmond Town, Bangalore – 560025

Number of Complaint C.C.No. 100/2022

Decree Holders Late Mr. Radhakrishnan Jayaram

(Through Legal Representatives)
Represented by Mrs. Chengalpet Kumar
Asha
Judgement Debtors/ Accused HDFC Life Insurance Company Limited
Represented by Mr. Vinoth L, Senior CSM
Number and Date of Decree

Trial Court 1st Appellate 2ndAppellate

Court Court
Learned
District
Consumer
Dispute
Redressal
Commission
At :
Whether any appear has been Bengaluru No
preferred from decree (Urban)
Payment or Adjustment made, If Dated: No
any 25/01/24
Previous application if any, No
 With date of result.

Sl No PARTICULARS AMOUNT
1. Compensation Awarded
- For deficiency in service 5,000/-
-For Pain and Suffering 5,000/-
- Together with cost of Litigation 5,000/-
2. Decree Amount 1. As per the order
dated
25.01.24 the judgement
debtors are directed to
pay the insurance
claim amount of Rs.
40,00,000/- along with
6% interest p.a. from
the date of repudiation
till the payment is
made.

2. The judgement
debtors are directed to
pay compensation of
5,000/- for deficiency
in service and 5,000/-
towards pain and
sufferings together
with 5,000/- towards
cost of litigation within
45 days of the order,
failing which they shall
pay interest on the said
amount at 6% p.a till
payment is made.
3. TOTAL DECREE AMOUNT 40,15,000/-
4. Interest on 40,00,000/- at 6% p.a from date 5,19,355/-
of repudiation till the payment is made
5. Cost of Copies ------
TOTAL 45,34,355

Against whom to be executed: Judgement Debtor

RELIEFS PRAYED FOR:-

WHEREFORE, considering the facts and circumstances mentioned hereinabove, it is

humbly prayed that this Hon'ble Commission may be pleased to,

A. Direct the Opposite Party to pay to the Complainant Rs. 40, 00, 000/- (Rupees
Forty Lakh Only) along with interest at the prevailing Bank Rate from the date of
the death of the Complainant to the date of disposal of the instant Complaint.

B. Direct the Opposite Parties to pay to the Complainant Rs. 10, 00, 000/- (Rupees
Ten Lakhs Only) for deficiency in services and for the mental agony/harassment
and trauma caused to the Complainant's legal representatives.

C. Direct the Opposite Parties to pay to the Complainant Rs. 50, 00, 000/-
(Rupees Fifty Thousand Only) towards the cost of legal expenses; and

D. Pass any other order/orders which this Hon'ble Commission may deem fit in the
facts and circumstances of the instant case in the interest of justice and equity.

VERIFICATION

I, Chengalpet Kumar Asha, W/o Late Shri Radhakrishnan Jayaram, aged about 51
years, at Dr. Jayarams Diagnostic Centre Pvt Ltd, No. 9, Levilla Kirti, Layout,
Kammanahalli Main Road, Bangalore, Karnataka 560084 do hereby verify the
contents of this Consumer Complaint and state that am conversant with the facts and
circumstance of the case.

PLACE: Bangalore

DATED: 21.04.2022 Decree Holder

 BEFORE THE HON'BLE PRINCIPAL DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, AT: BENGALURU(URBAN)

EXECUTION. CASE NO. /2024

IN

CONSUMER.COMPLAINT.NUMBER: 100/2022

BETWEEN:
DECREE HOLDERS:- 1. Late Mr. Radhakrishnan
Jayaram (Through Legal
Representatives)
S/o Late Radhakrishnan,
Rep. by Smt. Chengalpet
Kumar Asha,
W/o Late Radhakrishnan
Jayaram, aged above 51 years,
Both R/ at: Dr. Jayaram’s
Diagnostic centre Pvt. Ltd.,
No.9., Levilla Kriti Layout,
Kammanahalli Main road,
Bengaluru-560084
(Sri Ramakrishna Srinivasan,
Adv.,)

JUDGMENT DEBTORS:- 1. HDFC Life Insurance Co. Ltd.,

Rep. by Mr.Vinoth N.,
Senior CSM,
No.9, Esquire Centre,
4th floor, M.G.Road,
Bengaluru-560001
(Sri Mohan Malge, Adv.)
 APPLICATION FILED BY DECREE HOLDERS UNDER SECTION 71
& 72 OF THE CONSUMER PROTECTION, ACT 2019 R/W
SECTION 200 OF THE CODE OF CRIMINAL PROCEDURE, 1973
IS AS FOLLOWS:

The Decree Holders/Complainants in the above petition had filed consumer complaint
before this Hon'ble Commission in Complaint No: 100/2022 against the Judgment
Debtors/Opposite parties seeking reliefs against the Judgment Debtors to provide
reliefs for the deficiency in services, compensate for pecuniary loss etc.., and this
Hon'ble Commission was pleased to allow the said complaint in part vide its order
dated 25-01-2024 and directed the Judgment Debtors/Opposite parties to provide
reliefs for the deficiency in services, compensate for pecuniary loss. The Judgment
Debtors were further directed to reimburse the loss incurred by the Decree Holders by
paying the insurance claim amount of Rs.40,00,000/- (Rupees Forty Lakhs only)
along with interest at 6% p.a. from the date of the repudiation(18-02-2022) till the
date of payment. The OP was further directed to pay the compensation of Rs.5,000/-
(Rupees Five Thousand only) for deficiency in service and Rs.5,000/-towards pain
and sufferings to the complainant together with Rs.5,000/-(rupees Five Thousand
only) towards cost of litigation within 45 days from the date of this order, failing
which they shall pay interest on the said amount at the rate of 6% p.a. till payment is
made. The same has been annexed as (ANNEXURE - A), for the kind perusal of this
Hon’ble Court.
It is submitted that, in spite of having specific knowledge of the order passed by this
Hon'ble Forum the Judgment Debtors have intentionally withheld themselves from
complying with the said order within the time stipulated by this Hon'ble forum. Thus,
the Judgment Debtors have committed an offense punishable U/s 72 of Consumer
Protection Act 2019.
WHEREFORE, the Decree holders respectfully pray that this Hon'ble commission
be pleased to execute the order dated 25.01.2024 passed by this Hon'ble Forum itself
and take cognizance of this offence committed by Judgment Debtors U/s 72 of the
Consumer Protection Act,2019, and arrest, detain and punish the Judgment Debtors
with the law to meet the ends of justice.

PLACE: BENGALURU
DATE: ADVOCATE FOR DECREE HOLDERS
 BEFORE THE HON'BLE PRINCIPAL DISTRICT CONSUMER
DISPUTES REDRESSAL COMMISSION, AT: BENGALURU (URBAN)

EXECUTION. CASE NO. /2023

IN
CONSUMER.COMPLAINT.NUMBER: 100/2022
BETWEEN
Late Mr. Radhakrishnan Jayaram
(Through legal representative) Rep. by
Mrs.Chengalpet Kumar Asha ……..DECREE HOLDERS
AND
HDFC Life Insurance Company Limited …..JUDGEMENT DEBTORS

VERIFYING AFFIDAVIT
I, Chengalpet Kumar Asha, W/o Late Shri Radhakrishnan Jayaram, aged about 51
years, at Dr. Jayarams Diagnostic Centre Pvt Ltd, No. 9, Levilla Kirti, Layout,
Kammanahalli Main Road, Bangalore, Karnataka 560084, the deponent herein do
hereby solemnly swear to this Verifying Affidavit as follows,

1. That I am the lawful wife and legal representative of the deceased Complainant and
hereby represent the deceased Complainant in the instant case.

2. That I am conversant in English, well versed with the facts and circumstances of
the case and I am competent to sign to this Affidavit.

3. That all the facts stated from Paragraph Nos. 1 to 17 are true to the best of my
knowledge, information, and belief.

IDENTIFIED BY ME, DEPONENT

ADVOCATE
Place: BENGALURU
Date: