West Bengal

Kolkata-II(Central)

CC/155/2013

RITENDRA NATH SIRKAR @ SARKAR - Complainant(s)

Versus

DIVISINAL MANAGER, NATIONAL INSURANCE CO. LTD. - Opp.Party(s)

03 Dec 2013

ORDER


cause list8B,Nelie Sengupta Sarani,7th Floor,Kolkata-700087.
Complaint Case No. CC/155/2013
1. RITENDRA NATH SIRKAR @ SARKAR2/1, HAJZI JAKERIA LANE, P.S. BURTOLLA, KOL.-6. ...........Appellant(s)

Versus.
1. DIVISINAL MANAGER, NATIONAL INSURANCE CO. LTD.1, BIDHAN NAGAR ROAD, P.S. ULTADANGA, KOL.-67. ...........Respondent(s)



BEFORE:
HON'ABLE MR. Bipin Muhopadhyay ,PRESIDENTHON'ABLE MR. Ashok Kumar Chanda ,MEMBERHON'ABLE MRS. Sangita Paul ,MEMBER
PRESENT :

Dated : 03 Dec 2013
JUDGEMENT

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Judgement is delivered in open Forum in separate sheets of paper and it is kept with the case record.

 

The complaint succeeds ex-parte.

 

Hence,

Ordered

That the complaint be and the same is allowed ex-parte with a cost of Rs.5,000/- against the O.P.

 

The O.P. is directed to release the entire mediclaim of Rs.36,000/- and pay the same after cancelling the repudiation order of the O.P. and also to pay a sum of Rs.5,000/- as compensation for harassing the complainant by adopting unfair trade practice.

 

Further, for adopting unfair trade practice to deal with the present mediclaim of the complainant and also adopting dishonest path by stating falsely that complainant is fresh policy holder, O.P. shall have to pay Rs.20,000/- as punitive damages to the State Consumer Welfare Fund of this Forum and this punitive damages is imposed for rectifying the O.P. so that in future O.P. must not have to adopt unfair trade practice and shall act honestly in future as Merchant (Govt. Undertaking).

 

O.P. is directed to comply the entire order in toto within one month from the date of this order, failing which, for each day’s disobeyance and till its full satisfaction by the O.P., O.P. shall pay Rs.200/- per day till full implementation of this order and if same is collected, same shall be deposited to the State Consumer Welfare Fund of this Forum and even penal proceeding would be started against the O.P. for strict implementation of this order.

 


[HON'ABLE MR. Ashok Kumar Chanda] MEMBER[HON'ABLE MR. Bipin Muhopadhyay] PRESIDENT[HON'ABLE MRS. Sangita Paul] MEMBER