Kerala

Kollam

CC/07/191

P.G.Koshy Panicker, Pushpamangalam,Punnamukku - Complainant(s)

Versus

The Oriental Insurance co. Ltd. - Opp.Party(s)

Kallada P.Kunjumon

13 Nov 2007

ORDER


KOLLAM
CONSUMER DISPUTES REDRESSAL FORUM
consumer case(CC) No. CC/07/191

P.G.Koshy Panicker, Pushpamangalam,Punnamukku
...........Appellant(s)

Vs.

The Oriental Insurance co. Ltd.
T.T.K.Health Care Services Pvt. Ltd. 1400-
...........Respondent(s)


BEFORE:
1. K.VIJAYAKUMARAN ACHARI 2. RAVI SUSHA

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT. The complaint is filed by the complainant seeking reimbursement of Medical expenses incurred by the complainant with compensation and costs. The averments in the complainant are as follows: The complainant is a business man who is an insured with the first opp.party under Medi Claim Policy No. 237/2005 which covered Medical treatment of himself and his family. He paid Rs.4,819/- towards premium for the policy which is valid from 11.10.2004 to 10.10.2005. The 2nd opp.party is the service provider of the 1st opp-.party. The complainant was admitted in the Joel Hospital, East Kallada, Kollam in connection with illness on 23.5.2005 from where he was referred to Nair’s Hospital on 26.5.2005 for better management where he continued as inpatient till 1.6.05 . A sum of Rs.19,428/- was spent for the treatment and Laboratory tests. The complainant send the details and the records as requested by the 2nd opp.party on 15.7.2005. But the 2nd opp.party sanctioned a meager amount of Rs.4778/- by cheque. The complainant is entitled to get Rs.14,650/-. In addition the complainant is entitled to get compensation for mental agony and sufferings due to the deficiency in service and unfair trade practice in addition to costs of the proceedings. The 2nd opp.party has not returned the original bills and other certificates and are bound to pay the actual expenses incurred.. Hence the complaint. The opp.parties were duly served but they remained absent and hence they were set exparte. There after the complainant filed proof affidavit in according to the averments in the complaint and also produced Ext.P1 policy certificate Ext.P2 series . of bills. From the affidavit and Ext.P1 and P2.series we find that there is deficiency in service on the part of the opp.parties and that the complainant is entitled to get the amount claimed towards treatment charges in addition to compensation and costs. In the result the complaint is allowed directing the opp.parties to pay the complainant a sum of Rs.14,650/- with interest at the rate of 12% per annum from 30.5.2005 till realization and Rs. 2,500/- towards compensation and costs. The order is to be complied with within one month from the date of receipt of this order. Dated this the 13th day of November, 2007 K. VIJAYAKUMARAN ACHARY; Sd/- ADV. RAVI SUSHA.: Sd/- Forwarded/by Order, SENIOR SUPERINTENDENT I N D E X List of witnesses for the complainant P1. – Admission and Discharge certificate, P2. series – Medical bills




......................K.VIJAYAKUMARAN ACHARI
......................RAVI SUSHA