West Bengal

Birbhum

MA/18/2022

Nakul Kumar Saha - Complainant(s)

Versus

Manager, Bolpur Branch Star Health and Allied Ins. Co. Ltd. - Opp.Party(s)

19 Jul 2022

ORDER

 

Smt. Sukla Sengupta . President.

Today is fixed for admission hearing. Complainant files hazira through his Ld. Advocate. Heard, perused the complaint and documents. It appears to us that prima facie a case has been made out against the Ops.

Let, the case be admitted.

Requisites at once.

The complainant/petitioner files a petition U/S 38 of the C.P Act 2019 is being registered treated as  M.A Case No. 18/2022.

The Complainant/petitioner files an application U/S 38 of the C.P Act along with the petition of complaint U/S 35 of the C.P. Act. With a prayer to restrain the OP Insurance Company not to cancel the insurance policy in question of the petitioner.

From the content of the petition U/S 38 of the C.P Act, it appears that the complainant/petitioner purchased the insurance policy from the OP members under the name and style “Senior Citizens Red Carpet Heath Insurance Policy” for sum insured of Rs. 3,00,000/- (Three Lakhs) from the Op members from 19/12/2018 onwards and continued vide Policy No.

1. Vide Policy No. P/191129/01/2019/001578 valid from 19/12/2018 to 18/12/2019.
2. Vide Policy No. P/191129/01/2020/002311 valid from 30/12/2018 to 29/12/2020.
3. Vide Policy No. P/191129/01/2021/003683 valid from 30/12/2020 to 29/12/2021.
4. Vide Policy No. P/191129/01/2022/004103 valid from 30/12/2021 to 29/12/2022.

 

It is further alleged by the petitioner/complainant that the complainant demanded his claim for his treatment Renal Mass went to “Vydehi Institute of Medical and Research Center, Bangalore”, but the OP members denied the claim and threatened him that the insurance policy in question of the petitioner/complainant will be cancelled by the OP members.

Hence, this application.

Considering the facts and circumstances and the case as well as the balance of convenience and inconvenience, irreparable loss and injury of the same it is found that there is a strong prima facie case in favour of the petitioner/Complainant. Hence, the OP members are restrained from cancelation of the insurance policy in question till further order.

Thus the M.A Case No. 18/2022 is thus disposed of. 

Fix. 22/08/2022 for S/R appearance, W/O and W/V files by the OP if any.