DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT.

Complaint No. : 149

Date of Institution : 25-05-2010

Date of Decision : 30-08-2010

Vinod Kumar Garg, aged 60 years s/o Sh Gulab Rai, c/o M/s Ram Nath Gulab Rai, Jhaman Bazar, Kotkapura, District Faridkot, (Punjab). ..Complainant Versus

1 Sachin Kumar c/o Sachin Associates, Atma Ram Parkash Chand Building, Old Grain Market, Kotkapura, District Faridkot, (Punjab).

2 Savera Charitable Trust (Regd), SCO 69, IIIrd Floor, Section 17-D, Chandigarh.

3 Medi Assist India Ltd Shilpa Vidya, 3^rd Floor # 49 1^st Main Road, Saraki Industrial Layout, 3^rd phase, JP Nagar, Banglore-560078.

...Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh. Ashok Kumar President

Dr. Sh H.L. Mittal Member

Present: Sh. Ashu Mittal, Adv. Ld counsel for the complainant.

OPs exparte,

ORDER

1. Complainant has filed the instant complaint against the opposite parties for illegaly declaring Policy No 2001/392812100001 ineffective after getting deposited the premium amount to the tune of Rs 3350/- under the scheme known as Savera Health Care Scheme and demanding Rs 62,340/- for issuing policy and not refunding premium amount of

Rs 3350/- and for compensation to the tune of Rs 20,000/- for causing finnancial loss, harassment, mental agony and inconvenience to the complainant.

2 The case of the complainant in brief is that OP-2 and 3 floated an insurance scheme known as Savera Health Care Scheme and OP-1 their agent approached the complainant to become member of said scheme. The complainant alongwith his family members namely Varun Garg, Shama Garg became the members of the scheme after depositing Rs 3350/- as premium to the scheme. So, complainant is consumer of the OPs. OPs issued Policy No 2001/392812100001 alongwith three cards bearing no 4008278464, 4008278465 and 4008278466 to the complainant and his aforesaid family members. As per terms and conditions of the scheme, OPs were to incur the medical expenses of the insurance in the approved hospitals during the validity of the scheme. Thereafter, complainant received a letter from OP-2 stating that policy has been declared ineffective from 03-05-2009 as the insurer issued a notice of cancellation and has demanded additional premium of Rs 62,340/- per member. Complainant served the registered notice upon the OPs but to no effect, rather Opposite Parties did not bother to reply the notice. It is alleged that it is sheer trade mal practice on the part of OPs to declare the policy ineffective unilaterally without any fault on the part of complainant. Moreover, Ops have not refunded the premium amount of Rs 3350/- despite repeated requestes by the complainant. As he became entitled for refund of premium amount alongwith interest from the date of deposit of premium hence, this complaint.

3 OPs were served notice through registered post, but none of them put an appearance either personally or through counsel. Therefore, they were proceeded against exparte on 20-08-2010.

4 In exparte evidence, complainant tendered his own affidavit as Ex C-1, copy of policy cards as Ex C-2 to 4, copy of letter dated 08-06-2009 as Ex C-5, notice dated 30-11-2009 as Ex C- 6 besides receipt Ex C-7 and then closed the evidence.

5 We have heard the ld counsel for complainant and have gone through the record on file. In his affidavit Ex C-1, complainant has reiterated the averments of his complaint more or less in verbatim. Documents have also been relied upon. Cards issued under the scheme in question are from Ex C-2 to 4. Letter is Ex C-5 which was written by the Savera Charitable Trust Ltd to the members.

6 From the perusal of the exparte evidence brought on record, it is clear that complainant has not been made aware of the reasons for cancellation by Insurance Company or the Trust in respect of the scheme and policy issued thereunder. A demand of additional amount of Rs 62,340/- per member has been raised unilaterally which the complainant is not bound to meet.

7 In our considered opinion, complainant is entitled to receive back premium amount already paid by him to the tune of Rs 3,350/- alongwith requisite amount of compensation and litigation cost. In this view of the matter, complaint filed by the complainant is accepted exparte with a direction to the OPs to pay back premium amount of Rs 3350/- and Rs 5000/- as compensation and litigation expenses totalling Rs. 8350/- within a period of 30 days from the date of the receipt of the copy of this order, failing which the opposite parties shall pay the above mentioned amount of Rs. 8350/- alongwith interest at the rate of 9% per anum from the date of the filing of this complaint till realization of the amount. Non compliance of this order shall entail proceedings under Sections 25 and 27 of Consumer Protection Act, 1986. Copies of the order be sent to the parties free of costs. File be consigned to record room.

Announced in open Forum

Dated: 30-08-2010

Member              President

(Dr. H.L. Mittal) (Ashok Kumar)