Delhi

East Delhi

CC/615/2014

PRITHIVI RAJ SINGH - Complainant(s)

Versus

O.I.C - Opp.Party(s)

19 Nov 2015

ORDER

Prithvi Raj Singh vs OICLtd.

19/11/2015

Counsel for the complainant is not present, for the respondent Sh. P.K. Dewedi present. The limited question which arises for our consideration in the present is as to whether the revalidation of the insurance policy within 15 days from the lapse of the earlier policy will be treated as a continuing policy or it shall be a new policy?  This is admitted by the counsel for the respondent that within 9 days of the lapse of the earlier policy this policy was renewed and it shall be thereafter treated as the fresh policy. We have considered the arguments and have perused the documents placed on record. The complainant in this case has specifically stated in Para-3 of the complaint that he purchased the policy on 01/04/2010 & there is no specific denial in the written statement filed that this policy was not purchased by him in 2010. On the contrary in the Para-1 it has been specifically mentioned that this policy had started on 30/06/2010. This has also been admitted that the policy was renewed on 02/07/2012 as per IRDA Rules whereby revalidation of the Policy within 15 days shall be deemed to be continuing of the policy and there shall be no break. In these circumstances, the plea of the respondent that there was break in the policy cannot be accepted. The rejection on the part of the respondent is violative of the condition of the policy and it amounts to harassment of the consumer by providing deficient in service. We allow this complaint.

            The respondent is directed to pay to the complainant the total amount of Rs.18,800/- the expense incurred in the treatment together with 9% P.a. interest thereon from the date of the filing of this complaint till it is finally paid. We, further, award compensation of Rs.15,000/- on account of mental pain, agony which shall include the cost of litigation. Let all the amount be paid within 30 days from today, failing which the complainant shall be entitled for 9% P.a. interest over the amount of compensation till it is finally paid.