NCDRC

NCDRC

RP/1451/2009

SHEELA GOEL - Complainant(s)

Versus

NEW INDIA ASSURANCE COMPANY LTD. - Opp.Party(s)

MR. SARAN SURI & AJAY KUMAR SHARMA

21 Jul 2009

ORDER

Date of Filing: 23 Apr 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1451/2009
(Against the Order dated 03/11/2008 in Appeal No. 1004/2005 of the State Commission Delhi)
1. SHEELA GOELW/o.of Mr. sudershan Lal Goel . B-149, maharana Pratap Enclave Pitam Pura Delhi ...........Appellant(s)

Vs.
1. NEW INDIA ASSURANCE COMPANY LTD.122-124, Model Basti Behind Filmistan Cinema Delhi ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. SARAN SURI & AJAY KUMAR SHARMA
For the Respondent :NEMO

Dated : 21 Jul 2009
ORDER

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          Complainant is in revision petition before us.

          Complainant/petitioner along with her husband had obtained a ‘Hospitalization and Domiciling Hospitalization Benefit Policy’.  During the currency of the said policy, complainant developed pain in her lower back radiating to left lower limb.  A sum of Rs.90,724/- was spent on medical expenses.  The claim lodged in this respect was rejected by the insurance company on the ground that the petitioner was guilty of suppression of fact regarding the existing ailment.  Aggrieved by this, Complainant filed a complaint before the District Forum.

          District Forum allowed the complaint and directed the respondent insurance company to pay the sum of Rs.90,000/- along with interest @ 9% p.a. 

          Aggrieved by this, the respondent insurance company filed an appeal before the State Commission in which the State Commission has deleted the direction of the District Forum regarding payment of interest, but the direction issued to pay the sum of Rs.90,000/- has been maintained.

            We agree with the view taken by the State Commission that in the facts and circumstances of this case, petitioner was not entitled to any interest.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER