ORDER

Per Sh. Rakesh Kapoor, President

    In the month of November , 2011, the complainant had approached the OP for availing a travel insurance policy in respect of his scheduled visit to France.  On 26.11.2011 , the OP had issued a travel insurance policy in favour of the complainant which was valid for the period 8.12.2011 to 10.1.2012.   The complainant had  travelled to France  and had lived there upto 5.1.2010. During the aforesaid stay in France,  he had suffered from an infection on his left hand little finger. He had consulted Dr.  Francois  Boillot at Foundation Hospital , St. Joseph , 85 , Rue , Raymond Losserand , 75674, Paris, CEDX 14.   He was advised an operation  which was conducted on 13.12.2011. He was discharged from the hospital on 16.12.2012 . A bill for  Euros 5319 was raised on the complainant . The  complainant had  submitted a claim for the said amount and had received an email dated 2.3.2012 from the OP informing him  that his claim had been partially allowed for Euros 1785 for the first twenty four hours emergency. The complainant had taken up the matter with the concerned hospital  who had issued a certificate dated 1.10.2012 stating  therein that three days hospitalization  for the period 13/12/2011 to 16/12/2011  was indispensible. The grievance of the complainant is that in spite of furnishing the aforesaid certificate, the OP   had failed to release the aforesaid amount of Euros 3534.

  A copy of the complaint  was served upon the OP by registered post. The OP has chosen not to contest and    was ordered to be proceeded with ex-parte.

In his ex-parte evidence  the complainant has filed his own affidavit wherein he has corroborated of the complaint.

    We have heard arguments advanced at the bar and have perused the record.

     The complainant  has placed on record documents  which show that  that he had  taken a travel    insurance policy from the OP  as he intended to visit France .  While in France ,he had been hospitalized  and had remained admitted  in the hospital for a period of three days. The hospital had raised a bill for Euros 5319 but the OP had  approved and released  a partial claim of Euros 1785. As already stated, the OP  has chosen not to contest the complaint and has been proceeded with ex-parte. In view of the fact that no explanation has been furnished by the oP and in view of the unrebutted testimony of the complainant which is supported by documents, we hold that the OP was deficient in rendering services to the complainant. The OP ought to have released the claim amount of 5319 euros which was the bill raised by the hospital.  We, therefore, direct the OP to release the balance amount of Euros 3534 directly to Dr.  Francois  Boillot at Foundation Hospital , St. Joseph , 85 , Rue , Raymond Losserand , 75674, Paris, CEDX 14. We also direct  the OP to pay to the complainant a sum of Rs. 20,000/- as compensation for pain and agony suffered by him which will also include the cost of litigation.

      The above amount shall be paid by OP to the complainant within 30 days from the date of this order failing which  OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment. If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act.

Copy of the order be made available to parties free of cost as per law.

    File be consigned to R/R.

   Announced in open sitting of the Forum on_____________