Karnataka

StateCommission

A/887/2021

Tata AIG General Insurance Company Ltd, - Complainant(s)

Versus

Radhika Mehta - Opp.Party(s)

Prashanth Pandit

24 Jan 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 24^TH DAY OF JANUARY 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 887/2021

 

TATA AIG General Insurance Co. Ltd. 2nd Floor, JP and Devi Jambukeshwar Arcade No. 69, Millers Road, Bangalore 560 052 Rep. by its Authorised Signatory   (By Sri. Prashant T. Pandit) V/s	……Appellant
Smt. Radhika Mehta W/o. Dhanvanth Kumar R/at No. 3967, 19th Cross Road III Main Road, BSK II Stage Near Post Office, Bengaluru 560070   (By Sri. T.N. Mahadevaswamy)	..…Respondent

 

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed OP under Section 41 of the Consumer Protection Act, 2019 against the order dated 26.02.2021 passed in C.C.No.1265/2019 on the file of III Additional District Consumer Disputes Redressal Commission, Bangalore.

2. Alleging deficiency in service on the part of OPs in only reimbursing Rs.26,350/- as against the mediclaim of Rs.3,06,202/-  complaint is lodged, seeking reimbursement of Rs.2,79,852/- with interest at 24% and compensation.
3. District Commission allowed the complaint by directing OPs to pay Rs.2,79,852/- along with compensation of Rs.25,000/- and costs of Rs.5,000/- within 45 days, failing which to pay interest at 12%.
4. Being aggrieved by this order OP No.2 is in appeal.
5. Heard both the counsel for appellant and respondent. 
6. It appears complainant admitted to NU Hospital, Bangalore for Kidney related disease.  According to the appellant, respondent/ complainant is only entitled for Rs.26,350/- which they have already paid the amount.
7. Matter is disposed before the District Commission as exparte.  However, considering the age of the complainant, her suffering from kidney disease, operation charges and other charges, District Forum have rightly recorded reasons and passed the orders.  There is no scope for interference.  However, the rate of interest ordered at 12% appears to be on higher side and the same is reduced to 6%.  Accordingly, the appeal is disposed of. 
8. It is for the appellant to deposit the amount within two months from the date of receipt of this order.
9. Amount in deposit is directed to be transferred to the District Commission for needful.

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President

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Judicial Member

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Member

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