Order No. 16 Dated 27-04-2015.
The case of the complainant in short is that complainant, for the sake of brevity, humbly seeks leave to file the copy of award of the Hon’ble Insurance Ombudsman, dt.30.4.12. O.p. despite the unambiguous directions settled the claim for Rs.1,06,398/- settled the claim at Rs.1,05,430/- - after arbitrarily and wrongly deducting Rs.968/- without assigning any reason or details thereof.
O.p. also did not grant, despite requesting them number of times, any compensatory interest from the date of claim filed till the date of final settlement.
O.p. has been all along acting arbitrarily and willfully negligently in dereliction of their obligations, resulting deficiency in service. O.p’s conduct had been willful, wanton, malicious, vindictive and oppressive. They have acted in repugnant to societal sense of justice and decency. Their actions have resulted in financial loss as well as loss to reputation, mental agony, suffering and humiliation to the complainant.
Decision with reasons.
Sole o.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. In their w/v o.p. has stated that the present case is motivated, harassing and illegal one and complainant has no locus standi to approach before the Ld. Forum alleging deficiency in service on the part of o.p. i.e. insurance company who has shown its utmost bonafide while disposing of present mediclaim as per direction given by Ld. Ombudsman, Kolkata. We have scrutinized the entire materials on record and we find no specific prayer has been sought for by complainant praying for relief. That apart, no claim form nor policy paper and hospital document has been filed by complainant in this case in support of his contention. Further we find from the record that o.p. duly complied the award passed by Ld. Ombudsman, Kolkata strictly and as such, we find no deficiency on the part of o.p. in the instant case and complainant is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.