CWP-18581 IN THE HIGH COURT OF PUNJAB AND HARYANA AT 124 CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE CO. LTD. AND ANOTHER NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI AND ANR. CORAM: HON'BLE MR. JUSTICE Present: SUVIR SEHGAL 1. writ of certiorari for by National Consumer revision petition Redressal Commission opportunity to the deceased 2. proposal form on 10 petitioner 18581-2026 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP Date of decision CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE CO. LTD. AND ANOTHER VERSUS NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI AND ANR. CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL HON'BLE MR. JUSTICE DEEPINDER SINGH NALWA Mr. Sanjeev Goyal, Advocate, Mr. Adhiraj Bhandari, Advocate, Mr. Mannat Sharma, Advocate and Ms. Bindiya Singla, Advocate *** SUVIR SEHGAL, J. This writ petition has been certiorari for quashing order dated by National Consumer Disputes Redressal revision petition, whereby matter was remanded to State Redressal Commission (SCDRC), Haryana, opportunity to the complainant to formally prove the medical documents of life assured. Facts, in brief, may be noticed. proposal form on 10.05.2013 for obtaining a life insurance -company. In her response to the questions pertaining to her IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-18581-2026 ate of decision:01.07.2026 CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE CO. LTD. AND ANOTHER ...PETITIONERS VERSUS NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, ...RESPONDENTS SUVIR SEHGAL DEEPINDER SINGH NALWA Mr. Sanjeev Goyal, Advocate, Mr. Adhiraj Bhandari, Advocate, Mr. Mannat Sharma, Advocate and Ms. Bindiya Singla, Advocate for the petitioners. petition has been filed, inter alia, for issuance of a quashing order dated 22.10.2025, Annexure P-9, passed Disputes Redressal Commission (NCDRC) in a as remanded to State Consumer Disputes Haryana, with a direction to grant formally prove the medical documents of may be noticed. Mrs. Sushma Arora submitted a 2013 for obtaining a life insurance policy from company. In her response to the questions pertaining to her for issuance of a passed in a Consumer Disputes an formally prove the medical documents of Mrs. Sushma Arora submitted a policy from company. In her response to the questions pertaining to her SHEETAL 2026.07.08 14:37 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CWP-18581 medical history the information supplied by commencement date of 28 three months of issuance of the petitioner assured had been hospitaliz and hypertension at 15.03.2013 25.10.2013. complaint Forum (DCDRF) the order passed by by impugned order centred on the authenticity and proof of medical record. Matter was remanded the medical 3. has limited power of revision under Protection Act, 1986. It has been contended that complainant never contested the admissibility or the mode DCDRF or the SCDRC and thereby waived its right proof. He urges that consumer direction to formally prove the documents defeats the purpose of expeditious dispute resolution. 18581-2026 -2- history, all answers were given by her in the negative. Relying the information supplied by her, a policy was issued by petitioner with risk commencement date of 28.05.2013. Life three months of issuance of the policy. -insurer conducted an investigation and found assured had been hospitalized for coronary artery and hypertension at Jindal Institute of Medical Sciences, 15.03.2013 to 19.03.2013. Petitioner-insurer 2013. Respondent No.2, who was the nominee, preferred a consumer complaint, which was allowed by District Consumer Disputes Redressal (DCDRF), Hisar. In appeal preferred by petitioner, the order passed by DCDRF. Respondent by impugned order, Annexure P-9, NCDRC observed that centred on the authenticity and proof of medical record. Matter was remanded back to SCDRC granting an opportunity to complainant to prove medical record. Counsel for the petitioner has vehemently argued that NCDRC has limited power of revision under Protection Act, 1986. It has been contended that complainant never contested the admissibility or the mode of proof of the medical record DCDRF or the SCDRC and thereby waived its right He urges that consumer courts follow a summary procedure and a direction to formally prove the documents defeats the purpose of expeditious dispute resolution. , all answers were given by her in the negative. Relying upon policy was issued by petitioner with risk Life assured died on 13.08.2013 within policy. Being, an early death claim insurer conducted an investigation and found that deceased ed for coronary artery disease, diabetes mellitus Institute of Medical Sciences, Hisar from insurer repudiated the claim on the nominee, preferred a consumer allowed by District Consumer Disputes Redressal n appeal preferred by petitioner, SCDRC set aside espondent No.2 filed a revision petition and 9, NCDRC observed that the dispute centred on the authenticity and proof of medical record. Matter was granting an opportunity to complainant to prove petitioner has vehemently argued that NCDRC has limited power of revision under Section 21(b) of the Consumer Protection Act, 1986. It has been contended that complainant never of proof of the medical record before DCDRF or the SCDRC and thereby waived its right to insist upon a formal follow a summary procedure and a direction to formally prove the documents defeats the purpose of expeditious upon policy was issued by petitioner with risk 2013 within , an early death claim, that deceased life disease, diabetes mellitus from claim on the nominee, preferred a consumer allowed by District Consumer Disputes Redressal set aside a revision petition and the dispute centred on the authenticity and proof of medical record. Matter was granting an opportunity to complainant to prove petitioner has vehemently argued that NCDRC of the Consumer Protection Act, 1986. It has been contended that complainant never before to insist upon a formal follow a summary procedure and a direction to formally prove the documents defeats the purpose of expeditious SHEETAL 2026.07.08 14:37 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CWP-18581 4. considered his submission petition. 5. compelled to undergo a summon witnesses prove the facts that are evident from the discharge card of the life should not have been granted equity to consumer is based on photocopy or unauthenticated medical card disputed. under:- 6. summary in nature, rules of natural justice wherever intentional documents must inspire confidence. neither adjudicated upon the merits of the petitioner documents to prevent prejudice if 18581-2026 -3- We have heard learned counsel considered his submission besides examining the record appended with the Primary grievance of petitioner compelled to undergo a trial like procedure summon witnesses from the Jindal Institute of Medical Sciences prove the facts that are evident from the discharge card of the life should not have been granted. NCDRC has merely ensure that an order entailing adverse financial consequences for a consumer is based on legally verified testimony rather than on a bare photocopy or unauthenticated medical card The relevant extract of the impugned order of “In doing so, the short opportunity to the respondents to have the documents pertaining to the deceased life assured proven in the formal manner by concerned personnel and records of the medical establishment….” It is a settled legal position that while consumer proceedings are summary in nature, rules of natural justice wherever intentional suppression is asserted documents must inspire confidence. By rem adjudicated upon the merits of the -insured. It is simply directed a proper verification of the medical documents to prevent miscarriage of justice. Petitioner will not suffer any prejudice if records are established and in case the learned counsel for the petitioners and besides examining the record appended with the Primary grievance of petitioner-insurer is that it should not be like procedure and an opportunity to formally Institute of Medical Sciences, Hisar, prove the facts that are evident from the discharge card of the life assured RC has merely exercised its procedural adverse financial consequences for a legally verified testimony rather than on a bare photocopy or unauthenticated medical card moreso when its authenticity is The relevant extract of the impugned order of NCDRC reads as In doing so, the State Commission may grant a short opportunity to the respondents to have the medical pertaining to the deceased life assured to proven in the formal manner by summoning the concerned personnel and records of the concerned ….”. position that while consumer proceedings are summary in nature, rules of natural justice and fair play demand that suppression is asserted to deny a claim, basic By remanding the matter, NCDRC has adjudicated upon the merits of the claim nor examined the stand of simply directed a proper verification of the medical miscarriage of justice. Petitioner will not suffer any records are established and in case the life assured had indeed for the petitioners and besides examining the record appended with the insurer is that it should not be formally , Hisar, to assured, exercised its procedural adverse financial consequences for a legally verified testimony rather than on a bare oreso when its authenticity is NCDRC reads as ommission may grant a medical o be summoning the concerned position that while consumer proceedings are and fair play demand that to deny a claim, basic nding the matter, NCDRC has the stand of simply directed a proper verification of the medical miscarriage of justice. Petitioner will not suffer any indeed SHEETAL 2026.07.08 14:37 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh CWP-18581 suppressed a material direct nexus Simultaneously all other submissions and contentions before SCDRC this opportunity to solidify its defence, petitioner has prematurely chosen to invoke the Extraordinary is discretionary and taken by a 7. jurisdiction or NCDRC. 8. 9. disposed of 01.07.2026 sheetal 18581-2026 -4- suppressed a material fact regarding a nexus with the cause of death Simultaneously, petitioner-insurer has been given a fair opportunity to all other submissions and contentions before SCDRC opportunity to solidify its defence, petitioner has prematurely chosen to invoke the writ jurisdiction of this Extraordinary writ jurisdiction under Article 226 of is discretionary and cannot be permitted to be used to stall procedural steps taken by a consumer fora, which are aimed at achieving substantial justice. In view of the above discussion, we do not find any error of jurisdiction or illegality in the impugned order Writ petition being devoid of merit All pending miscellaneous posed of. (DEEPINDER SINGH NALWA .2026 Whether Speaking/reasoned Yes/No Whether Reportable Yes/No pre-existing disease, which has a cause of death, claim would be denied. has been given a fair opportunity to raise all other submissions and contentions before SCDRC. Rather than utilizing opportunity to solidify its defence, petitioner has prematurely chosen to jurisdiction of this Court against a remand order rticle 226 of the Constitution of India permitted to be used to stall procedural steps aimed at achieving substantial justice. In view of the above discussion, we do not find any error of illegality in the impugned order, Annexure P-9, passed by the petition being devoid of merit, is dismissed in limine. applications, if any, shall stand (SUVIR SEHGAL) JUDGE DEEPINDER SINGH NALWA) JUDGE Yes/No Yes/No which has a , claim would be denied. raise utilizing opportunity to solidify its defence, petitioner has prematurely chosen to order. onstitution of India permitted to be used to stall procedural steps aimed at achieving substantial justice. In view of the above discussion, we do not find any error of passed by the shall stand SHEETAL 2026.07.08 14:37 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh