NCDRC

NCDRC

RP/4021/2011

VIJAY BERI - Complainant(s)

Versus

TATA AIG GENERAL INSURANCE CO. LTD. - Opp.Party(s)

MS. JYOTI DUTT SHARMA

22 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4021 OF 2011
 
(Against the Order dated 02/08/2011 in Appeal No. 130/2011 of the State Commission Delhi)
1. VIJAY BERI
S/o Late Smt Sushila Deve Beri, R/o No-24-UA/5916,Jawahar Nagar
Delhi - 110007
...........Petitioner(s)
Versus 
1. TATA AIG GENERAL INSURANCE CO. LTD.
Peninsula Corporate Park Nichola Pirmal Tower, 9th Floor GK Marg, Lower Parel
Mumbai - 400 003
Maharastra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Rahul Sharma, Advocate
For the Respondent :NEMO

Dated : 22 Feb 2012
ORDER

Complainant/petitioner alongwith his brother Deepak Bery obtained a monthly health care insurance plan from the respondent Insurance Company w.e.f. 7.4.2010. Premium of Rs.369/- was payable every month by electronic means through City Bank Credit Card. Petitioner’s brother Deepak Bery fell ill and was hospitalized in Paramanand Hospital on 21.9.2010 wherefrom he was discharged on 13.10.2010 and subsequently expired on 16.10.2010. Petitioner lodged a claim of Rs.2,92,413.69P, which was repudiated on the ground that for the period during which the deceased was hospitalized and died policy was not in force as the premium for the said period had not been paid. Petitioner had defaulted in paying the monthly premium due for August, 2010 and as such the policy was lying in a lapsed condition when the insured fell ill.

Aggrieved by the repudiation of the claim, petitioner filed the complaint which was dismissed by the District Forum. Not satisfied with the order passed by the District Forum, petitioner filed an appeal before the State Commission, which has been dismissed by the impugned order.

Policy issued covering Mr. Deepak Bery was effective from 7.4.2010. The policy kit containing the policy schedule and the terms & conditions was provided to the insured on 16.4.2010. Premium of Rs.369/- was to be paid every month to ensure continuous coverage under the policy. Condition of the policy reads that “You are covered only for the period for which the premium has been paid when due and for the period the above mentioned Master Policy is valid.” As the premium for the month of August, 2010 was not received, the policy was cancelled w.e.f. 7.8.2010 and the same was intimated to the insured by the respondent vide its letter dated 28.8.2010. Premium was being paid through the credit card held by the insured. During the month August, 2010 when the payment of the premium was requested to the card issuing bank, the same was denied due to the reason “Insufficient fund.” The policy was valid for the period from 7.4.2010 to 7.8.2010 only and, therefore, did not cover the date of admission/hospitalization of the insured i.e. on 21st September, 2010. There was no cover available to the insured as on the date of hospitalization.

Counsel for the petitioner contends that there was sufficient amount in his account for payment of the premium.

There may have been sufficient amount in the account but the fact remains that the premium for the month of August, 2010 onwards was not paid by the petitioner to the respondent. The petitioner for the reasons best known to him did  not  implead  the  City Bank from whom he had taken the credit card. It was for the City Bank to explain as to why it declined the request of the Insurance Company to pay the amount for the reason of “Insufficient Funds.”. We find no infirmity in the order passed by the fora below.

Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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