(Per Mr.Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to order dated 13/07/2004 passed by District Consumer Forum, South Mumbai in Consumer Complaint No.105/2003.
(2) The facts leading to this appeal can be summerised as under :-
The original complainant/appellant had taken a mediclaim insurance policy from opponent insurance company for a period 25/07/2002 to 24/07/2003. The insurance cover was `1,45,000/- along with a bonus. The complainant was admitted in the Jaslok Hospital. He incurred expenses of `1,24,150/- for the medical treatment. He filed a claim of `1,24,150/-. The opponent insurance company offered him `1,14,514/-. He alleged that the opponent insurance company has reduced the fees to the Doctor from `45,000/- to `30,000/-. Contending that the opponent cannot reduce the claim arbitrarily and illegally, the original complainant/appellant had filed a consumer complaint claiming `2,40,134.42 as per the prayer clause.
(3) The District Forum after hearing both the parties and evaluating the evidence allowed the complaint directing the opponent to pay `1,24,150/- along with interest at the rate of 9% per annum from the date of complaint and cost of `2,000/- till the realization of amount vide order dated 13/07/2004.
(4) Being aggrieved by the order dated 13/07/2004, the original complainant had filed this appeal.
(5) On behalf of appellant his son appeared and argued the case. He stated that the opponent has paid the amount as per the order along with interest. He contended that the opponent had arbitrarily and illegally reduced the claim and hence he had to file a consumer complaint. However, the District Forum has not awarded compensation for mental agony and the cost awarded by the Forum is meager. He prayed that he may be awarded compensation for mental agony.
(6) The respondent remained absent though duly served.
(7) We have gone through the order passed by the District Forum, evidence adduced by both the parties and argument advanced by the son of appellant. The appellant had filed the claim of `1,24,150/-. The District Forum has directed the opponent to pay `1,24,150/- along with interest of 9% p.a. and cost of `2,000/-. The appellant had admitted that he has received the amount along with interest.
(8) We do not find any substance in the appeal. We hold accordingly and pass the following order.
ORDER
1) Appeal is dismissed.
2) Inform the parties accordingly.
Pronounced on 30th August, 2011.
