Delhi

North East

CC/31/2020

Shri Varun Jain - Complainant(s)

Versus

M/s Allied Health Organisation Medi Health LLP - Opp.Party(s)

09 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.31/20

 

In the matter of:

 

 

	Shri Varun Jain S/o Shri Sushil Kumar Jain R/o D-2, UGF, Gali No.9 West Jyoti Nagar, Shahdara, Delhi-94	Complainant
	Versus
	M/s Allied Health Organisation Medi Health LLP Registered Office at: WS-40/2, SF, Shop Meenakshi Garden, New Delhi-110018   Also At: G-29, 2nd Floor, Vardhman Tower, Near PVR Cinema, Vikaspuri, New Delhi-110018	Opposite Party

 

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

28.05.20 23.08.22 09.01.23

 

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                                    ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that  Complainant got a phone call from executive of Opposite Party providing 2 years insurance facility in Rs. 10,000/- for 4 family members in which 50% expenses of the medicines and treatment will be reimbursed on submission of bill/invoice to Opposite Party. The Complainant had never met the executive of Opposite Party, the communication was through phone or email. The executive of Opposite Party assured the Complainant that if he did not like the service then 100% of the amount will be refunded to him as per the terms and conditions. Further, the executive of Opposite Party offered him the policy in Rs. 9,500/- instead of Rs. 10,000/-. On 19.03.19, the Complainant paid Rs. 9,500 to Opposite Party via pay money online through his axis credit card ending with 7550. On 20.03.19, the Complainant received his medical card on his email. On 20.03.19, the Complainant sent prescription of doctor of his mother alongwith invoice copy to the register email of Opposite Party to reimburse the amount and also called the service centre of Opposite Party. On 27.03.19, the Complainant sent another bill/invoice through his registered email id to Opposite Party. The Complainant got a booklet on 24.03.19 in which it was mentioned that the policy can be called within 30 days and also received medical card which was valid till 19.03.21. On 29.03.19, the Complainant called Opposite Party to ask about his claim and Opposite Party told him that they had cleared the bill and sent him on email but the Complainant did not receive any email from Opposite Party. On 30.03.19 after checking the email, the Complainant called the Opposite Party and asked him to cancel his policy. The Complainant called Opposite Party on their customer service centre 2-3 times to refund his amount but they did not refund the amount. On 05.04.19, the Complainant sent an email to Opposite Party to cancel the policy and to refund the amount but the Opposite Party did not give any reply to the email. The Complainant had also sent a legal notice to Opposite Party through email on 21.02.20. The Complainant had called Opposite Party many times to cancel his policy and to refund his amount but the Opposite Party did not refund his amount. Hence, this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 9,500/- i.e. the amount paid by him to Opposite Party and for Rs. 30,000/- for mental harassment. He has also prayed for Rs. 15,000/- for litigation charges.
2. None has appeared on behalf of Opposite Party to contest the case despite service of dasti notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 22.03.22.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to refund the amount of Rs. 9,500/-(amount paid by the Complainant to the Opposite Party) to the Complainant along with interest @ 6% p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation charges with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 09.01.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President