Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal no.1440 of 2008

Cholamandalam MS General Insurance Co. Ltd. vs. Sunita Mitra Gupta & anr.

ORDER

(Delivered by Sri Sushil Kumar, Member)

20.9.2024

Case called out. Heard Sri T.K. Mishra, ld. counsel for the appellant. None appeared for the respondent.

We have perused the impugned judgment and order which reveals that the complainant has spent Rs.2,54,581.00 in transplantation of his hip bone but the claim of the complainant was repudiated by the appellant insurance company.  Therefore, the ld. District Consumer Forum directed the appellant to return the amount of Rs.2,54,581.00 alongwith interest @ 10%.

Since the respondent/complainant was insured and the policy was admitted by the appellant insurance company, therefore, the respondent/complainant is entitled to get this amount but the rate of interest is on higher side, therefore, the rate of interest is reduced from 10% to 6%. 

Hence, the appeal is allowed in part. The rate of interest is reduced from 10% to 6%.  The rest part of the judgment is confirmed.

If, any amount, is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be remitted to the ld. District Consumer Forum concerned for satisfying the decreed, as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this judgment be provided to the parties as per rules.

      (Sudha Upadhyay)                             (Sushil Kumar)    

            Member                                     Presiding Member

Jafri, PA I

Court 2