Maharashtra

DCF, South Mumbai

132/2007

N.O. Rainatha - Complainant(s)

Versus

New India Insurance co. ltd. - Opp.Party(s)

Vasant Amberkar

28 Jan 2014

ORDER

 
Complaint Case No. 132/2007
 
1. N.O. Rainatha
17/1/A Sky Scraper Wardan Rd,
Mumbai
Maharashtra
...........Complainant(s)
Versus
1. New India Insurance co. ltd.
87, M.G.Rd, Fort
Mumbai
Maharashtra
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Satyashil M. Ratnakar PRESIDENT
 HON'ABLE MR. G.H. Rathod MEMBER
 
PRESENT:
तक्रारदार व त्‍यांचे वकील वसंत अंबेरकर गैरहजर.
......for the Complainant
 
सामनेवाला व त्‍यांचे वकील कल्‍पना त्रिवेदी गैरहजर.
......for the Opp. Party
ORDER

PER SHRI. 

1)       omplaint the Complainant has prayed that it be held and declared that the Opposite Parties are guilty of deficiency in service and unfair trade practice as per theConsumer Protection Act, 1986. The Complainant has also prayed that the Opposite Parties be directed to pay Rs.10,000/- with 18% interest p.a. from January, 2007 till the payment to the Complainant. 

 

2)         

It is submitted that the Complainant had taken the Joint Mediclaim Policy from the Opposite Party No.1 and the Policy No. was 111700/48/04/86188 and the Complainant had paid the premiums of the policy from time to time.  

 

3)         

 

4)        However, without any reason the Opposite Party deducted the claim amount by Rs.10,000/- though the Complainant had paid all the amount of expenses to the hospital.    The Complainant then through his advocate issued notice on 20/02/2007 for remaining balance amount and pointed out that deduction made by the Opposite Parties on 23/06/07 is illegal. The copy of the notice is at Exh.‘G’ (page–16).

 

5)           The Opposite Party No.1 made the deduction from the claim as per the policy conditions.   

 

6)         

It is contended that the Complainant has not disclosed true facts of the case and thereby tried to mislead this Forum and as such, no cause of action has been made out against the Opposite Parties.   

 

7)        

We heard the arguments of Ld.Advocate Shri. Amberkar on behalf of Complainant. 

Upon going through the settlement voucher dtd.23/06/06 and document placed on record by the Complainant.        

The Opposite Parties in our view improperly repudiated the genuine claim of Rs.10,000/- of the Complainant.   caused to the Complainant on account of adopting unfair trade practices against the Complainant.  

 

O R D E R

 

i.                   Complaint No.132/2007 is partly allowed.

 

ii.                The Opposite Parties No.1 & 2 are directed to pay jointly and/or severally an amount of Rs.10,000/-(Rs.Ten Thousand Only) to the Complainant with interest @ 9% p.a. from 23/06/2006 till its realization.

 

iii.              The Opposite Parties No.1 & 2 are also directed to pay jointly and/or severally an amount of Rs.5,000/- (Rs.Five Thousand Only) to the Complainant as compensation for mental tension & hardship caused to the Complainant by adopting unfair trade practice and Rs.3,000/-(Rs. Three Thousand Only) to the Complainant towards this proceeding to the complaint.

 

iv.              The Opposite Parties No.1 & 2 are also directed to comply the aforesaid order within one month from the date of service of this order. 

 

v.                 Certified copies of this order be furnished to the parties.

 
 
[HON'ABLE MR. Satyashil M. Ratnakar]
PRESIDENT
 
[HON'ABLE MR. G.H. Rathod]
MEMBER

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