Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No. 02/2017 ORDER DATED 21th DAY OF JULY, 2018 | | Sri.H.N. Rajesh, S/o. H.P. Nanjunda, R/o. Nidugumba, Kanoor Village & Post, Virajpet Taluk, Kodagu District. (Sri.M.E.Mohankumar,Advocate) | -Complainant | V/s | - Apollo Munich Health Insurance Co.,Ltd.
2nd & 3rd Floor, iLABS Centre, Plot No.404-405, Udyog Vihar, Phase-III, Gurgaon -122 016, State of Haryana. - Corporate Office:-
Apollo Munich Health Insurance Co. Ltd., 1st Floor, SCF-19,Sector- 14, Gurgaon-122 001, State of Haryana. - Registered Office:-
Apollo Munich Health insurance Co.Ltd., Apollo Hospitals Complex, Jubliee Hills, Hyderabad-500 033, State of Andrapradesh. (OP Nos.1 to 3 reptd. By Sri.P. Pundarika, Advocate (RETIRED) | -Opponents | Nature of complaint | Insurance claim | Date of filing of complaint | 19/01/2017 | Date of Issue notice | 30/03/2017 | Date of order | 21/07/2018 | Duration of proceeding | 1 year 6 months 2 days |
SRI. C.V. MARGOOR,PRESIDENT O R D E R - This complaint under section 12 of the Consumer Protection Act, 1986 is filed by H.N. Rajesh, S/o. H.P. Nanjunda, R/o. Nidugumba, Kanoor Village & Post Virajpet Taluk, Kodagu District with a prayer to direct the opponents to pay the hospital bill of Rs.1,28,306/- with interest at the rate of 12% per annum, Rs.10,000/- as compensation for the mental agony and stress suffered by him and Rs.5,000/- towards cost of litigation.
- The opponent no.1 is Apollo Munich Health Insurance Company Ltd, OP 2 Corporate Office of OP 1 situated at Gurgaon State of Haryana and OP3 registered office of OP1 situated at Jubilee Hills at Hyderabad. The complainant has obtained Easy Health Group Insurance Policy from the opponents vide policy No.120100/12001/2015/A004932/001 with effect from 13/10/2014 to 12/10/2015 for individual plan. The said policy was renewed by paying the renewal premium amount of Rs.5,071/- on 07/10/2015 and the OP 1 has issued the renewal policy with effect from 13/10/2015 to 12/10/2016.
- It is averred in the complaint that all of a sudden the complainant suffered from low back ache in his both lower limbs and weakness in right lower limb. MRI of Lumbar Spine was done on 16/06/2016 at Aster-CMI Hospital, Bangalore and he took treatment in the said hospital as in patient from 16/06/2016 to 18/06/2016 by paying an amount of Rs.20,685/-. The complainant was readmitted to Kamakshi Hospital situated at Kuvempunagar, Mysore on 21/06/2016 and discharged on 04/07/2016. The hospital expenses was Rs.1,05,150/- apart from food and conveyance expenses. Once again on 05/08/2016 the complainant was admitted to Kamakshi Hospital, Mysore and discharged on 07/08/2016 by paying bill amount of Rs.2,470/-.
- The complainant has intimated the fact of hospitalization to the opponents and they assured to make prompt reimbursement of the medical bills. On 22/06/2016 the OP 1 has sent a letter denying the cashless service assigning reasons that present element being of pre-existing nature on the available documents. However opponents have not given service to the complainant as it amounts to deficiency in service. After discharge from the hospital the complainant sent all the medical documents to the OP 1 by claiming the hospital expenses but the opponents did not respond for the same. There after the complainant has got issued a legal notice dated 29/08/2016 calling upon the opponents to make payment a total sum of Rs.1,28,306/- hospital expenses with interest but the opponents neither paid the amount nor gave reply. Hence, this complaint.
- After service of notice the opponent nos.1 to 3 appeared through their learned counsel and filed detailed version admitting issue of easy health insurance policy in favour of the complainant and same was renewed for the year 2015-16. It is the contention of opponents that the complainant while getting insurance cover has not disclosed all the material facts with regard to his health. Thus he committed breach of fundamental principle of utmost good faith on which insurance agreement depends. According to insurance regulatory and Development authority of India (Health Insurance Regulations, 2013) does not necessary to extend all policy holders a cashless facility for treatment at specified establishment.
- It is the contention of the opponents that the alleged disease of the complainant was pre-existing disease and not all of a sudden suffered low back ache in his both lower limbs. The complainant has suppressed the pre-existing disease and the same has not been disclosed by him at the time of obtaining the policy as he sustained IDBP with L4 – L5 S1 Radieulopathy back in November,2007 as per the discharge summary with date of admission 21/11/2007 and date of discharge 5/12/2007. In view of the above fact the complaint is not maintainable.
- It is further case of opponents that no notice has been served on them as stated by the complainant. The present complaint is premature as the complainant would have submitted medical bills to the opponents for consideration after discharge from the hospital. An insurance claim can be granted within the terms and conditions of the policy. The opponents have rightly repudiation of the complainant claim as per the terms and conditions of the policy. On the amongst other grounds, the opponents pray to dismiss the complaint.
- The complainant has filed his affidavit evidence on 26/08/2017 and produced some documents. There after the case was posted for the opponents’ affidavit evidence on 07/10/2017, 28/10/2017, 25/11/2017, 23/12/2017, 20/01/2018, 17/02/2018 and 07/04/2018. On 07/04/2018 the learned counsel representing the opponents retired by filing memo of retirement along with postal receipts and office copy of notice. There after the opponents were remained absent. The learned counsel for the complainant submitted written arguments and the points that would arise for determination are as under;
- Whether the complainant proves that the act of opponents repudiating his claim of medical reimbursement amounts to deficiency in service?.
- To what order?
- Our findings on the above points is as under;
- Point No.1:- In the Affirmative
- Point No.3:- As per final order for the below
R E A S O N S - Point No.1& 2:- The opponents have not disputed issue of Easy Health Policy in favour of complainant and same was renewed for the period from 13/10/2015 to 12/10/2016. The said policy was for an individual. The complainant has produced statement of account for paying premium amount through his banker at Madikeri. The said statement of account produced at the time of admission of case as the part of cause of action has arisen at Madikeri since the premium amount has been paid through his bank account.
- The opponents in the version contended that the complainant has suppressed the material fact i.e. pre-existing disease at the time of availing health policy. The complainant produced discharge summary of Kamakshi Hospital, Mysore wherein he was admitted on 21/06/2016 and discharged on 04/07/2016 with history of low back ache of both lower limbs. The discharge summary is not clear that the complainant has taken treatment for low back ache in both lower limbs in the year 2007. The opponents in para no.14 of the objections (version) stated that the complainant has suppressed the pre-existing disease and the same has not been disclosed by him at the time of obtaining the policy as he sustained IDBP with L4 – L5 S1 Radieulopathy back in November, 2007 as per discharge summary with date of admission on 21/11/2007 and date of discharge 05/12/2007. The opponents neither filed affidavit evidence nor produced the alleged discharge summary to show that the complainant has pre-existing disease since 2007. Further the opponents have not produced copy of the Easy Health Insurance Policy to know the terms and conditions.
- The opponents after service of notice have put in appearance through their learned counsel and filed version raising many objections. But when the case was posted to file affidavit evidence of opponents their learned counsel retired on behalf of them by filing memo of retirement along with postal receipts for sending notice to the opponents expressing his intention to retire as they failed to render instructions and also produced the office copy of notice. This Forum has granted six months time to file affidavit evidence by opponents and inspite of sufficient opportunity they did not come forward to file affidavit evidence and produced the discharge summary to show the pre-existing disease of complainant and copy of the policy to know the terms and conditions. Thus the opponents have failed to prove that the complainant was suffering from pre-existing disease of L4 L5 and said fact was suppressed at the time of availment of health policy in the year 2014.
- The complainant has produced MRI pertaining to Lumber Spine taken at Aster CMI hospital, Bangalore on 16/06/2016. On the basis of MRI scan report the complainant has under gone surgery at Kamakshi Hospital, Mysore. In the month of June, 2016 the said hospital has issued bill for Rs.1,05,158/-. The complainant again went to Kamakshi Hospital for follow up treatment of 05/08/2016 and admitted as in patient till 07/08/2016. The total claim of Rs.1,28,306/- is supported by medical bills, MRI scan report and discharge summary of both hospitals. As already observed that the opponents have not disputes issue of Easy Health Care Policy in favour of the complainant for the year 2015-16.
- The complainant has health problem i.e., lower back ache in both lower limbs problem in the month of June, 2016 and for that he took treatment at Kamakshi Hospital, Mysore. The opponents have not disputed treatment taken at both hospitals and disease diagnosed. It is the contention of opponents that the complainant has suppressed the said disease while sending proposal as he had same disease in the year 2007. At the cost repetition we say that the opponents failed to produce the discharge summary to show the pre-existing disease. The complainant in the affidavit and complaint stated that after refusal to provide cashless service then he sent medical bills after discharge from the hospital.
- When the opponents did not respond to pay the medical bill amount has got issued legal notice dated 29/08/2016 to the opponent nos.1 to 3 through registered post. The opponents have denied the receipt of legal notice dated 29/08/2016. The postal authority have issued reply on 17/12/2016 that the opponent nos.1 and 2 have received the legal notice on 02/09/2016 and opponent no.3 on 06/09/2016. The opponents even after the service of legal notice neither gave reply nor paid the medical bill amount of the complainant. On the contrary the opponents have taken contention denying the receipt of legal notice dated 29/08/2016 and sending medical bills by the complainant after discharge from the hospital. The above facts and circumstances prove that the act of opponents repudiating the claim of complainant amounts to deficiency in service since the complainant has Easy Care Health Policy for the relevant period which covered the risk of his health. Therefore, the opponents are liable to pay a sum of Rs.1,28,306/- medical bill amount of the complainant with interest at the rate of 10% per annum. In addition to that the opponents shall liable to pay Rs.5,000/- as compensation towards mental agony and stress suffered by the complainant for illegal repudiation of the claim and Rs.5,000/- towards cost of the litigation. Accordingly, we proceed to pass the following ;
O R D E R - The complaint filed by Mr.H.N. Rajesh, S/o. H.P. Nanjunda is allowed directing the opponent Nos. 1 to 3 to pay a sum of Rs.1,28,306/- with interest at the rate of 10% per annum to the complainant within two months from the date of order. In case the opponents failed to pay the said amount within the period of two months, it shall carry interest at the rate of 15% per annum.
- In addition to that opponent nos.1 to 3 are liable to pay Rs.5,000/- as compensation and Rs.5,000/- towards cost of the litigation to the complainant.
- Furnish copy of order to the complainant and opposite parties at free of cost.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 21stday of JULY, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |