NCDRC

NCDRC

RP/3859/2009

PRAMOD GOPALDAS SHAHA - Complainant(s)

Versus

UNITED INDIA INSURANCE CO. LTD., SOLAPUR - Opp.Party(s)

IN PERSON

06 Apr 2010

ORDER

Date of Filing: 28 Jan 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3859/2009
(Against the Order dated 01/12/2008 in Appeal No. 844/2007 of the State Commission Maharastra)
1. PRAMOD GOPALDAS SHAHAR/o 4,Deepgiri Appts,Hotagi Road, Behind Syndicate Bank,Solapur,SolapurMaharashtra ...........Appellant(s)

Vs.
1. UNITED INDIA INSURANCE CO. LTD., SOLAPURDivision Office,Navi Peth Janta Shopping Center,First Floor,Solapur ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 06 Apr 2010
ORDER

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          No one appears even on second call, which shows reluctance of petitioner to prosecute proceeding. Revision petition on this count alone merits dismissal.

          However, I have gone into merit of case also. Petitioner had secured medi-claim policy from respondent-Corporation, which was valid for the period from 09.2.2004 to 08.02.2005. Policy in question was renewed for a further period from 09.02.2005 to 08.2.2006. However, before expiry of policy, there was no renewal till 14.02.2006. It seems that there being break in continuity, petitioner took fresh policy on 14.02.2006. Subsequent thereto petitioner lodged claim with Insurance Corporation for reimbursement of medical expenses incurred on surgical operation, which was repudiated by respondent Corporation taking recourse to clause 4.3 of policy which enjoins that for first year of operation of policy, reimbursement of claim was not permissible. However, petitioner was found entitled to cumulative bonus even in case of fresh policy. Insurance Corporation treating policy, taken by petitioner on 14.02.2006 as fresh policy, repudiated claim on consideration of exclusion clause. Both District Forum and State Commission found no merit and dismissed complaint of petitioner holding repudiation of claim to be valid. Regard being had to exclusion clause 4.3 of policy and concurrent finding of lower fora warranting no interference, while exercising revisional jurisdiction, revision petition merits dismissal even on merit. Revision petition accordingly dismissed. No order as to costs.        



......................JB.N.P. SINGHPRESIDING MEMBER