Oriental Insurance Co.Ltd., Heritage Health Services Pvt.Ltd.,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing: 18.05.2007 Date of Order: 25.02.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 25th DAY OF FEBRUARY 2008 PRESENT Sri. S.S. Nagarale, B.A, LL.B.(SPL.), President Smt. D. Leelavathi, M.A., LL.B., Member Sri. Balakrishna. V. Masali, B.A, LL.B. (Spl.), Member COMPLAINT NO. : 1010 OF 2007 Mrs. Nisha Rathi, R/at: No.16/16, Binny Cresent, Benson Town, BANGALORE-560 046. . Complainant. -V/s- 1. Oriental Insurance Co. Ltd., Divisional Office No.7, No.1, Shankar House, 3rd Floor, Rajmahal Vilas Extension, Mekhri Circle, BANGALORE-560 080. 2. Heritage Health Services Private Limited, No.1102, Reheja Chambers, 11th Floor, Free Press Journal Road, Nariman Point, MUMBAI-400 021. . Opposite Parties. ORDER By the Lady Member Smt. D. Leelavathi The grievance of the complainant are the complainant submits that during August-2006 she had to travel to the United States of America and accordingly taken up an Overseas Mediclaim Policy offered by the opposite party No.1 vide policy No. 421700/48/2007/1007, dated: 08.08.2006 and the opposite party No.1 had collected a sum of Rs.3,914/- for the said policy valid from 10.08.2006 to 30.08.2006. The said policy was covered for the risks of delayed baggage, loss of checked in baggage, etc.,. On reaching San Francisco on 10.08.2006 she discovered that one of her checked-in baggage was missing. She gave a report immediately to the United Airlines for delayed baggage and the complainant submits that the said baggage contained expensive clothes, gift articles, etc., which were valued at 3,697 US Dollars. The complainant further submits that on her return to India she immediately brought the said delay and loss of checked-in baggage to the knowledge of opposite party No.1 by a letter dated: 12.09.2006. As per the Insurance Policy the opposite parties ought to have settled the following sums in favour of the complainant towards delay in delivery of checked baggage beyond a period of 12 hours i.e., 100 US Dollars towards loss of checked baggage 1000 US Dollars. The complainant further submits that opposite party No.2 who is the claim processing agent of the opposite party No.1 duly acknowledged the receipt of the letter addressed to the opposite party No.1. The complainant further submits that, she had complied with the requirements of the opposite parties to furnish the details and documents of the lost checked-in baggage, including a copy of the confirmation letter issued by the Airlines stating that, the checked-in baggage is untraceable. Despite this the opposite parties sat over the documents under some untenable pretext. The complainant submits that in the meanwhile, United Airlines in which she last traveled had not only issued a Delayed Baggage report, but also paid a nominal compensation of 1,503.82 US Dollars by the month of December-2006 as against the actual loss of 3,697 US Dollars. The complainant got issued a legal notice dated: 15.03.2007 for which the opposite parties are given an evasive reply. Hence the complainant prays for the following directions:- (a) To pay a sum of 100 US Dollars or its current equivalent value in Indian currency towards delay in delivery of checked-in baggage. (b) To pay a sum of 2,193 US Dollars or its equivalent to Indian currency or the loss of checked-in baggage. (c) To pay an interest at the rate of 14% per annum from 10.08.2006 till the date of payment. (d) To pay compensation of Rs.2,00,000/- towards financial loss, inconvenience and hardship. (e) To pay cost and legal expenses incurred by the complainant for instituting the above complaint. (f) To pass such orders which the Honorable Forum deem fit and proper in the facts and circumstances of the above case. 2. Notice served to opposite parties by RPAD. In spite of service of notice opposite party No.2 Heritage Health Services Private Limited has remained absent. Opposite party No.1 Oriental Insurance Company Limited appeared through his counsel and filed defence version opposing the claim of the complainant on the following grounds:- The opposite party No.1 has denied all the allegations made by the complainant in the complaint. The opposite party No.1 has admitted for issuance of Overseas Mediclaim Policy in favour of the complainant. The opposite party No.1 has stated that, seeking a direction against the opposite party towards compensation of 100 US Dollars or its equivalent value in Indian currency is not maintainable either in law or on facts and the same is liable to be dismissed in limine. The opposite party No.1 has submitted that the delay has not occurred on account of the opposite party, but occurred on account of the non-co-operation of the complainant who has failed to provide required documents to facilitate the settlement of the claim. He has also stated that the said legal notice dated: 15.03.2007 has been duly replied on 23.03.2007. As such there is no negligence or deficiency in service on the part of the opposite party No.1 and therefore he has prayed for dismissal of the complaint. 3. In support of the respective contentions, the complainant and opposite party No.1 have filed their affidavits. Heard arguments on both sides. 4. The points for consideration are:- (1) Whether the complainant has proved deficiency in service on the part of the opposite parties? (2) Whether the complainant is entitled to the relief prayed for in the complaint? 5. Our findings on the above points are in the Affirmative for the following:- REASONS 5. It is an admitted fact that the complainant had taken up an Overseas Mediclaim Policy valid from 10.08.2006 to 30.08.2006 and it is also true that during August-2006 she had traveled from Bangalore to San Francisco by United Airlines. On 10.08.2006 when she reached San Francisco the complainant has noticed that, one of her checked-in baggage was missing. She has immediately lodged a complaint in writing as per Annexure-C, the opposite party No.2 has confirmed the same as per Annexure-E and the United Airlines has sent a letter on 27.12.2006 stating that, we are sorry, our efforts towards tracing have been unsuccessful. This letter itself is a proof to show the loss of baggage therefore the opposite party shall accept the claim of the complainant and it has to pay the amount for delay of checked-in Baggage and also for loss of checked-in Baggage as per Annexure-F. Opposite party No.2 has sent a cheque for Rs.4,375/- bearing No.003260 drawn on ICICI Bank as per Annexure-G and the same was returned to the opposite party No.2 by the complainant. As per the policy at Annexure No.1 produced by the opposite party No.1 it is clearly stated that, for delay of Checked in Baggage it is 100 US Dollars and for loss of checked in Baggage it is 1000 US Dollars. Hence the complainant has rightfully rejected the cheque sent by the opposite party. Hence we pass the following:- ORDER 1. The complaint is allowed. The opposite party No.1 is directed to pay 100 US Dollars or its current equivalent value of the Indian currency for the delay caused in delivering of checked-in baggage and also to pay 1000 US Dollars or its current equivalent value of the Indian currency for loss of checked-in baggage along with interest on the said sum at the rate of 10% per annum from the date of filing of this complaint till realization to the complainant. The opposite party No.1 is also directed to pay costs of Rs.5,000/- towards compensation and Rs.2,000/- towards costs of the legal expenses. 2. Send a copy of this order to both the parties free of costs immediately. 3. Pronounced in the Open Forum on this the 25th DAY OF FEBRUARY 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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