CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/150/2018
Mukesh Chandra
R/o Q-153, Vikas Vihar,
Uttam Nagar, New Delhi-110059. …..COMPLAINANT
VERSUS
United India Insurance Company Limited
10203, Jamna House,
Near Vishal Market, Padam Singh Road,
Karol Bagh, Delhi-110005. …..OPPOSITE PARTY
Coram : Ms. Rekha Rani, President
Ms. Manju Bala Sharma, Member
Dr. R.C. Meena, Member
ORDER
Ms. Rekha Rani, President
Instant complaint was filed by Sh. Mukesh Chandra (in short complainant) under Section 12 of the Consumer Protection Act, 1986 as amended inter-alia pleading therein that he approached OP for renewal of his medical policy {SYND AROGYA (Group Health Insurance Scheme)}. Premium of Rs. 5,761/- was paid vide DD No. 458682 dated 25.05.2018 through Syndicate Bank on 28.05.2018. His old policy was to expire on 03.06.2018. He is a holder of medical policy of United India Insurance Company Limited (in short OP) for the last 12-13.
When complainant did not receive the new medical policy and i-cards, he contacted Syndicate Bank who told him that his documents have been forwarded to OP on 28.05.2018. Complainant approached OP on 30.07.2018 regarding issuance of policy and i-cards and he was assured that he will receive the policy documents at his registered address.
When he did not receive the policy even after 20 days, he approached OP again and asked about his policy documents but he did not receive any satisfactory response. Then he met Assistant Manager at Divisional office of OP at Karol Bagh and asked about his policy and i-cards. On his repeated requests to the Assistant Manager, he was provided a print of first 1 to 4 pages of the policy and that too with no signatures and was given mobile number of the concerned employee. He was advised to contact him. However, on calling that number, there was no response.
Complainant received his policy and i-cards on 27.07.2018. It is pleaded that complainant suffered unnecessary hardship for which he has claimed compensation of Rs. 50,000/- and Rs. 20,000/- as litigation expenses.
Notice of instant complaint was issued to OP who appeared and contested the claim vide its written statement wherein it is pleaded that there is no deficiency in service as it had issued the policy well in time.
Parties adduced evidence by way of affidavits. We have heard Sh. Sarvesh Kumar Srivastava, counsel for complainant and Sh. V.D. Sharma, counsel for OP.
OP has not disputed in its reply that complainant is its consumer for the last 12-13 years and that he paid premium of Rs. 5,761/- through Syndicate Bank, Uttam Nagar Branch to OP for renewal of his medical policy which was to expire on 30.06.2018 and further that Syndicate Bank forwarded the same to OP on 28.05.2018 (Para 3 of the compliant is not disputed.)
OP has stated that it sent the policy through service TPA from first flight courier on 03.06.2018 but was unable to get the same delivered on complainant’s address. Further it is pleaded that the policy documents were again sent to the complainant which were delivered on 27.07.2018.
OP has pleaded in Para 4 of its reply on merits that it sent policy through servicing TPA from first flight courier which was not delivered due not “incomplete address”. Further it is stated that courier was again sent on 25.07.2018 which was delivered on 27.07.2018. OP was aware of the fact that the old policy of the complainant was to expire on 03.06.2018. As per OPs own case, it sent the policy to the complainant on 30.06.2018 whereas Syndicate Bank had forwarded the premium amount along with requisite documents on 28.05.2018.
OP has not placed any original document on record which may indicate as to whom and on which address the policy documents to it were first sent on 30.06.2018.
It is OP’s own case that when policy documents were sent to the complainant for the second time on 25.07.2018, the same was delivered on 27.07.2018.
OP has not disputed that complainant has been residing at the same address and there is no change of address.
Complainant has submitted in Para 5 and 6 of his compliant that he had to undergo unnecessary harassment for seeking timely receipt of the policy documents which allegations are not disputed in corresponding Para 5 and 6 of reply of the OP. The earlier policy was to expire on 03.06.2018 and OP was aware that the complainant would be left with no insurance cover thereafter till he received the renewed policy documents.
Accordingly, the compliant is allowed for deficiency in service. OP is saddled with liability to pay Rs. 10,000/- as compensation to the complainant for causing harassment on account of its failure to issue and deliver renewed policy documents on time. The above said amount shall be paid within 30 days from the date of receipt of copy of the order failing which 9% interest per annum shall be payable from the date of order till the date of payment. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on Day of 2019.
(REKHA RANI) (MANJU BALA SHARMA) (R.C. MEENA)
PRESIDENT MEMBER MEMBER
