Maharashtra

DCF, South Mumbai

CC/51/2012

MRS. GOOLROOKH R MEHTA & MS. ZENIA R MEHTA - Complainant(s)

Versus

THE NEW INDIA ASSURANCE CO LTD & OTHERS - Opp.Party(s)

ADV.MS DIANA POSTVALA

25 Mar 2014

ORDER

 
CC NO. 51 Of 2012
 
1. MRS. GOOLROOKH R MEHTA & MS. ZENIA R MEHTA
E-41,GILDER BAUG, J B NAGAR,ANDHERI-EAST
MUMBAI-400059
MAHARASHTRA
...........Complainant(s)
Versus
1. THE NEW INDIA ASSURANCE CO LTD & OTHERS
NEW INDIA ASSURANCE BUILDING,87 MAHATMA GANDHI ROAD,FORT
MUMBAI-400001
MAHARASHTRA
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Satyashil M. Ratnakar PRESIDENT
 HON'ABLE MR. G.H. Rathod MEMBER
 
PRESENT:
तक्रारदार व त्‍यांचे वकील दायना पोस्‍तावाला गैरहजर.
......for the Complainant
 
सामनेवाला व त्‍यांचे वकील सपना भुपतानी गैरहजर.
......for the Opp. Party
ORDER

O R D E R

 

 

PER SHRI. S.M. RATNAKAR – HON’BLE 

1)       s .23 with appropriate interest to the Complainant No.1 which were illegally and arbitrarily deducted from the claim submitted by the Complainants. It is also prayed that the Opposite Parties be directed to pay compensation of Rs.2,00,000/- for mental agony and harassment caused to the Complainant No.1 and cost of Rs.30,000/- for filing this complaint.

 

2)            .23 was spent on hospitalization, medicines, various tests and Doctor’s visit.  .23    .3 and 2.4 of the Mediclaim Policy by the Opposite Party No.2.    .23 from the claim lodged by the Complainants which amounts to deficiency in service and unfair trade practice. The Complainant therefore, issued notice through advocate dtd.21/12/2011 to the Opposite Parties. The copy of which is marked as Exh.‘H’.   

 

3)       written statement and contested the claim. It is contended that the Complainants have already received the payment of Rs.22,623/- as full & final discharge. It is submitted that on the copy of the payment voucher dtd.24/10/2011 there is specific note that“Acceptance of the above mentioned cheque by the Insured is full & final settlement of the claim and the Insurer stands fully discharge of liability under the mediclaim policy.”   

 

4)         

 

5)       .23 it is necessary to be considered that it is undisputed that the Complainant No.1 accepted the cheque of Rs.22,623/- issued by Opposite Party No.2 dtd.24/10/2011 which was forwarded with claim discharge voucher.                          

           

O R D E R

 

i.                   Complaint No.51/2012 is dismissed with no order as to cost.

 

ii.                Certified copies of this order be furnished to the parties.

 
 
[HON'ABLE MR. Satyashil M. Ratnakar]
PRESIDENT
 
[HON'ABLE MR. G.H. Rathod]
MEMBER

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