Tarun Sehgal filed a consumer case on 09 Sep 2023 against Niva Bupa Halth Insurance Co.Ltd in the Ludhiana Consumer Court. The case no is CC/23/183 and the judgment uploaded on 12 Sep 2023.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.
Complaint No: 183 dated 05.05.2023 Date of decision:09.09.2023
Tarun Sehgal son of late Sh. Pardeep Sehgal, resident of H. No.P-46, Basant Vihar, Near Raghunath Mandir, St. No.1, Kakowal, Ludhiana. Ph. 8561000046. ..…Complainant
Versus
Niva Bupa Health Insurance Company Ltd., Unit No.3, Plot No.88, 2nd Floor, Kunal Tower, Mall Road, Opp. Axis Bank, Ludhiana (Punjab)-141001. …..Opposite Party
Complaint under section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH.JASWINDER SINGH, MEMBER
MS.MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Amrik Singh, Advocate
For OP : Sh. V.S. Mand, Advocate
ORDER
PER SANJEEV BATRA, PRESIDENT
1. The complainant has invoked the jurisdiction of this Commission by filing the present complaint and raised a consumer dispute with regard to non-settlement of the mediclaim insurance claim by the opposite party qua the expenses incurred by him on the treatment of his wife and thus he has sought direction against the opposite party to reimburse the claim along with compensation and litigation expenses etc. So, by filing the present complaint, complainant has prayed that the opposite party be directed to pay Rs.7,00,000/- along with compensation of Rs.2,00,000/-. Also to pay Rs.22,000/- as misc. expenses.
2. Notice was issued to the opposite party and on 31.07.2023 Sh. V.S. Mand, Advocate filed power of attorney on behalf of the opposite party. On 08.09.2023, Sh. V.S. Mand, Advocate counsel the opposite party suffered statement that as per instructions received vide mail dated 08.09.2023, the company/OP is ready to renew the policy of the complainant. However, under the policy, the PED (Pre-existing disease i.e. Hypertensive disease and its complication, cervical spondilitis and Arthrous shall be marked in the proposal form and there will be waiting period of this disease as per the policy terms. Further, counsel for the opposite party has got recorded his statement that the opposite party is ready to pay the Rs.5 lac as full and final settlement of the claim of complainant within one month from the date of order.
3. The said offer has been duly accepted by complainant Sh. Tarun Sehgal by suffering separate statement in this regard on 08.09.2023. The complainant also suffered statement prayed to dispose of the complaint accordingly.
4. In view of the aforesaid settlement arrived between the parties, the present complaint stands disposed of with the direction that the opposite party will pay Rs.5,00,000/- to the complainant in full and final settlement of his claim within 30 days from the date of receipt of copy of this order failing which the complainant shall be held entitled for interest @8% per annum on the said amount till its actual payment. Copy of the order be supplied to the parties free of costs.
5. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
National Lok Adalat National Lok Adalat Consumer Commission cum Chairman, National Lok Adalat
Announced in Open Commission Dated:09.09.2023.
Gobind Ram.
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