In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 142 / 2010
1) Sri Madhusudan Sharma,
213, Bentick Chambers, 37A, Bectick Street, Kol-69. ---------- Complainant
---Versus---
1) Tata AIG Insurance Co. Ltd.,
24, Homi Midi Street, Mumbai-400001.
2) The Managing Director, Tata AIG Insurance Co. Ltd.,
24, Homi Midi Street, Mumbai-400001.
3) The Secretary, Tata AIG Insurance Co. Ltd.,
24, Homi Midi Street, Mumbai-400001. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 1 7 Dated 1 8 / 0 1 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Sri Madhusudan Sharma against the o.ps. Tata AIG Insurance Co. Ltd. The case of the complainant in short is that complainant took a mediclaim insurance policy from o.p. no.1 on 8.12.03 on payment of premium and it was expressly provided that mode of payment of premium would be annual and the said policy was renewed from time to time on payment of premium and no question was ever raised for renewal of the said policy and on 27.11.08 complainant paid renewal premium of Rs.8220/- to o.p. no.1 and it was duly received and acknowledged and on 6.11.09 when the complainant’s authorized representative has usually done in previous years went to Kolkata office of o.p. for making payment of renewal premium for subsequent period which was due on 26.11.09 first time he was told to pay extra difference in premium amount of Rs.4334/- for previous year. And thereafter vide letter dt.6.11.09 complainant made protest for such negligent and contact of o.p. and in spite of the same nothing was done nor replied and on 12.11.09 complainant by an account payee cheque bearing no.235600 drawn on Citi Bank for Rs.4334/- paid under protest towards extra difference in premium amount and sent the sum with health certificate. And in spite of receiving the said extra difference sum in premium no notice of renewal was given to the complainant and then on 10.12.09 complainant made request for renewal of insurance policy and suddenly without any prior notice by letter dt.11.12.09 o.p. returned the cheque towards purported unutilized premium and o.p. informed the complainant that they are unable to renew the mediclaim insurance policy and thereafter complainant made several correspondences but nothing fruitful result was brought forth. Hence the instant case with a prayer made by the complainant in the prayer portion of the complaint.
O.p. had entered their appearance in this case by filing w/v denying all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties as well as evidence and documents in particular and we find that no due notice was served upon the complainant for not allowing renewal of mediclaim policy in favour of the complainant nor any adequate reason was assigned acceptable to this Forum declining such renewal of the policy and this act on the part of the o.ps. amounts to deficiency of service being a service provider towards consumer / complainant. That being the position we are of the view that o.ps. had sufficient deficiency to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
The petition of compliant is allowed on contest with cost against the o.ps. O.ps. are directed to renew the mediclaim insurance policy upon payment of renewal premium w.e.f. the date when it fell due for such renewal in favour of the complainant. O.ps. are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall carry over the entire sum due to the credit of the complainant till the date of realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
