Order No. -39 Dt.-23/12/2015
F I N A L O R D E R
Shri Asoke Kumar Das, President
Complainant’s case in short is that he purchased mediclaim policy no.153900/48/10/8500002999 from National Insurance Co. Ltd. for himself and his wife Smt.Sujata Chettri. His wife all on a sudden fall in ill and she was admitted to North Bengal Clinic Pvt. Ltd. Siliguri on 29/10/2011. After U.S.G her ailment was diagnosed as “fibruid Uterus” with other clinical problems. She was admitted in the said clinic for her treatment and surgery for seven days and was released on 04/11/2011. The complainant had to incur expenses of Rs.42,047/- for treatment, surgery etc of his wife. He has submitted his claim alongwith relevant papers to appropriate authority but O.Ps. denied his claim. He served lawyer’s notice upon O.Ps. on 23/05/2013 but in vain. Hence this case.
The National Insurance Co.Ltd.,(O.P.1) has contested the case by filing a W/V denying and disputing the claims and contention of the complainant with prayer for dismissal of this case.
O.P.1 has specifically stated in its Written Version that they require some time to settle the claim after complying official procedures and after proper and thorough verification. But by filing additional Written Version. O.P.1 has stated that the illness is pre-existing to policy, and as such the claim was repudiated.
POINTS FOR CONSIDERATION
- Is the complainant a consumer?
- Is the O.P. guilty for deficiency in service as alleged?
- Is the complainant entitled to the reliefs as prayer for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
Seen and perused the pleading of both the parties which are supported by Affidavits, the documents annexed and the Written Argument filed by both the parties.
After due consideration of the materials on record including pleadings of the parties, written notes of arguments, documents filed by the parties and arguments advanced by the Ld. Lawyers of both the parties we find that admittedly the complainant purchased mediclaim policy no.153900/48/10/8500002999 from O.P. National Insurance Co.Ltd. for himself his wife and their two sons and that policy was valid from 16/02/2011 to 15/02/2012.We further find that Smt. Sujata Chettri, W/O complainant all on a sudden fell in ill and she was admitted to North Bengal Clinic Pvt.Ltd., Siliguri on 29/10/2011 and that there her ailment was diagnosed as “Fibroid Uterus” after U.S.G. and she was released from the said nursing home on 04/11/2011 and the complainant had to incurr expenses of Rs.42,047/- for treatment of his wife. Admittedly complainant submitted his claim for Rs.42,047/- to O.P. as per terms of the said mediclaim policy and the O.Ps. have repudiated his claim on the ground that the illness of his wife was pre-existing the policy. We find that complainant’s mediclaim policy in question was issued on 09/02/2011 and that was valid from 16/02/2011 to 15/02/2012. In the circumstances If the illness of the complainant’s wife was pre-existing the policy then how the Insurance Company (O.P.1) issued that policy? The wife of the complainant fell in ill on 29/10/2011 i.e. after eight months approx from the date of issue of the mediclaim policy in question. It is not the case of O.P.1 that the complainant ever submitted his claim for alleged pre-existing illness of his wife after issue of the said mediclaim policy. It is not the case of the O.P. that the complainant obtained Mediclaim Policy in question by suppressing pre-existing illness of his wife . Therefore the burden of proving the fact as alleged by O.P.1,that the illness of complainant’s wife was pre-existing the policy was/is on O.P.1 Insurance Company. But the O.P.1 has hopelessly failed to prove such of its burden/allegation. In our considered opinion O.Ps. should settle the claim of the complainant after verifying the documents submitted by him treating the illness of his wife as fresh illness instead of repudiation of his claim on an unauthenticated/baseless ground. Such act of the O.Ps. certainly comes within the purview of deficiency in service .
In view of our aforesaid discussion we find and hold that the complainant is a consumer and that the O.Ps. are guilty for deficiency in service and as alleged and as such the complainant is entitled to the reliefs specified below.
All points are disposed of.
In the result the case/application succeeds. .
Hence, it is
O R D E R E D
that the case/ application is allowed on contest in part against O.P.1 and ex-parte against O.P.2 with litigation cost of Rs.1000/-
The complainant do get an award of Rs.42,047/-(Forty-two Thousand and Forty-seven) against the O.Ps.
Complainant do get further award of Rs.2000/- against the O.Ps. in the head of compensation for his mental pain and harassment due to aforesaid deficiency in service by the O.Ps.
The O.Ps. are jointly and severally liable to pay the aforesaid cost and the awarded sum of Rs.45,047/- (Forty-five Thousand and Forty-seven) only in total to the complainant. They are directed to pay to the complainant said sum of money (Rs.45,047/- in total) within 30 days from the date hereof failing which it will carry interest @ 9% per annum till realisation and the complainant shall be at liberty to realise the same by putting this order into execution in accordance with law.
Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgement/sent by general post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.