APHC010284422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0% THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 14449 OF 2025 Between: HDFC Life Insurance Company limited, 11**^ Floor, Lodha Excelus, Appllo Mills Compound, N,M Joshi Road , Mahalaxmi, Mumbai 400011 Represented by its Managing Director ...PETITIONER AND 1. The Andhra Pradesh State Consumer Disputes Redressal Commission, Represented by its Registrar, 1®* Floor, Civil Supplies Office, Near SIRIS Auto Nagar, Vijayawada. 2. Smt. Banda Sri laxmi, W/o Bhavani Prasad (Late), Aged 57 years, R/o Door no.2-3-80. Fait no.a-1. Ground Floor, Srinivasa Residency, Old age Home Street, Kanuru 520007, Vijayawada NTR District Andhra Pradesh 3. The Senior Manager, HDFC 1 Stella College NH -5, Eluru Road , Vijayawada 08 St floor, Sri Hah Towers, Beside Mary ...RESPONDENTS J ' Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more one in the nature of a certiorari, a. By calling for the records pertaining to FA.I.A.No.1455 of 2024 in F.A.No.775 of 2024 against C.C.No.202 of 2022 dated 02.07.2025 on the file of First Respondent and set aside the same, b. Consequently also the F.A.I.A.No.1455 of 2024 by condoning the delay of 113 days and direct the 1®‘ Respondent to Restore the F.A.No.775 of 2024 to hear the appeal on merits c. To award the costs of this Writ petition. / lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of the award/order dated;22.08.2024 in C.C.No.60 of 2022 on the file of District Consumer Disputes Redressal Commission-ll, Vijayawada , till the disposal of the F.A. 775 of 2024 by the 1®‘ Respondent. Counsel for the Petitioner: SMT. VARA LAKSHMI CHEKURI Counsel for the Respondent Nos.1 to 3:— The Court made the following order: 1 HCJ & RRR, J W.P.No. 14449 of 2025 APHC010284422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3446] THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 14449/2025 Between: 1.HDFC LIFE INSURANCE COMPANY LIMITED, 11TH FLOOR, LODHA EXCELUS, APPLLO MILLS COMPOUND, N,M JOSHI ROAD , MAHALAXMI, , MUMBAI 400011 REPRESENTED BY ITS MANAGING DIRECTOR ...PETITIONER AND 1.THE ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, REPRESENTED BY ITS REGISTRAR, 1ST FLOOR, CIVIL SUPPLIES OFFICE,^EAR SIRIS AUTO NAGAR, VIJAYAWADA. 2.SMT BANDA SRI LAXMI, W/0 BHAVANI PRASAD (LATE) AGED 57 YEARS, R/0 DOOR NO.2-3-80, FALT NO.A-1. GROUND FLOOR, , SRINIVASA RESIDENCY, OLD AGE HOME STREET, KANURU 520007, VIJAYAWADA NTR DISTRICT ANDHRA PRADESH 3.THE SENIOR MANAGER, HDFC 1ST FLOOR. SRI HAH TOWERS NH -5, ELURU ROAD BESIDE MARY STELLA COLLEGE VIJAYAWADA 08 ...RESPONDENT(S): 2 HCJ&Rrrj W.P. No. 14449 of 2025 Petition under Article c rcumsfances stated in the affidavit ffed ,hi 'he Pleased tomay be pleased to issoe 1 1m 1 '^‘^h Court nature of a certiorari a b! r T FA.I.A.No.1455of2024’in F.A No 775 1?20^4 uateo 02.07.2025 on the file of fL o C C.No.202 of io22 Consequently also the F.A.I.a.No I4I5 If 2olfh' h days and direct the 1st Respondent to fillf '''' “""oalhQ the delay of 113 hear the appeal on merits c. To award the cnT I t ^024 to (ANOMof^ award the costs of this Writ petition and pass may be one in the pertaining to Petition under Section award/order dated:22.or2024 1^“'^''®' Consumer Disputes Redressal Of the F.A. 151 CPC praying that in the circumstances stated the High Court may be pleased t poceedings in pursuance of the ef 2022 on the file of District Vijayawada , till the disposal pass in C.C.N0.6O Commission -II, Respondent and 775of2024 by the 1®‘ Counsel for the Petitioner: 1.VARALAKSHMI CHEKURI Counsel for the Respondent(S); 1. 3 HCJ & RRR, J W.P.No. 14449 of 2025 The Court made the following ORDER: (per Hon’ble Sri Justice R.Raghunandan Rao) Heard Smt. Ch. Vara Lakshmi, learned counsel appearing for the petitioner. The 2'^'^ respondent had initiated a complaint bearing C.C.No.202 of 2022 on the file of the District Consumer Disputes Redressal Commission- II, Krishna District, at Vijayawada, against the petitioner herein and respondent No.3. 2. The case of the 2'"'^ respondent was that the 3^^ respondent had advanced a housing loan to the husband of the 2"^^ respondent and had required the husband of the 2"^ respondent to obtain a Life Insurance policy from the petitioner herein. Accordingly, the husband of the petitioner had obtained a Life Insurance policy from the petitioner herein for an assured sum of Rs.22,48,884/- for which a single premium of Rs.2,48,889/- was paid. The petitioner, after considering all the required documents, that had been submitted by the husband of the petitioner, and the results of the medical tests which were conducted as per the requirement of the petitioner, had accepted the proposal and issued a life policy. The policy was for a term of 10 years from i.e., from 30.09.2020 to 29.09.2030. During the pendency of this policy, the husband of the 2^^ respondent passed away on 01.12.2020. 3. The petitioner had rejected the claim of the 2"'^ respondent on the ground that there was suppression of material information in the proposal 4. 4 HCJ & RRR, J W.P. No. 14449 of 2025 form, at the time of the the petitioner, the 2 Redressal Commission, for respondent, along with other Redressal Commission, by order dated of the 2"^ application for the policy. After correspondence with respondent moved the District Consumer nd Disputes an amount of Rs.22,48,884/- being paid to the 2- reliefs. The District Consumer Disputes 02.07.2024, allowed in part the claim respondent. By this order, the petitioner was required to pay a sum of Rs.22,48,884/- along with interest at the rate of 12% compensation and Rs.5000/- towards per annum; Rs. 10,000/- towards costs of litigation expenses. 5- The petitioner, being had approached the Andhra Commission, Vijayawada, aggrieved by this award of Pradesh State Consumer Disputes As there petitioner also moved condonation of delay of 113 days in preferring the compensation. Redressal by way of F.A.No.775 of 2024. delay of 113 days in preferring the appeal, the F.A.I.A.No.1455 of 2024 for was a appeal. 6. The case of the contacting the local counsel to petitioner was that there get the status of the delay in receiving the certified was a delay in complaint before the District Commission and further order and other material Consumer Disputes Redressal make out any case for Section 5 of the Limitation copy of the papers to proceed further in the matter. The State Commission held that such grounds do not condoning the delay in filing of the appeal , under Act. On this basis, the State Consumer Disputes b HCJ & RRR, J W.P.No. 14449 of 2025 Redressal Commission had dismissed F.A.I.A.No. 1453, by order dated 19.03.2025. Aggrieved by this order, the petitioner has approached this Court by way of the present writ petition. 7. 8. The case of the petitioner is that the delay in preferring the appeal was due to illness of the counsel, who was suffering from severe arthritis. The petitioner contends that the delay should have been condoned so as to give an opportunity to the petitioner to prosecute the appeal on merits and dismissal of the appeal on the ground of delay would amount to violation of principles of natural justice. The petitioner has an adequate alternative remedy of approaching the National Consumer Disputes Redressal Commission, under the provisions of the Consumer Protection Act, 2019. In view of the adequate alternative remedy being available, this Court does not deem it appropriate to take up the matter. 9. 10. Accordingly, this writ petition is dismissed leaving it open to the petitioner to approach the appropriate forum. There shall be no order as to costs. As a sequel, pending miscellaneous application, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Smt. Vara Lakshmi Chekuri, Advocate [OPUC] 1. One CC to 2. Two CO Copies. ecH HIGH COURT DATED:1 9/06/2025 ORDER WP No.14449 OF 2025 DISMISSING THE W.P. WITHOUT COSTS