By Smt. Padmini Sudheesh, President: <br /> <br /> The case of the petitioner is as follows:<br /> <br /> The petitioner decided to go to Canada where her son is living. On the basis of this she has joined in an Overseas Medi-claim policy vide No.100600/46/05/80045 and towards the premium and the service tax, an amount of Rs.25,274/- was received by the respondent company on 7.9.05. The validity period of the policy was 20.9.05 to 18.3.06. After verification of the documents the policy certificate was issued. But when she looked into the details of the policy it was seen that the policy amount was written as 10000 dollar instead of one lakh dollar. It is against the stipulations made by the respondent. She realised that she is cheated by the respondent. The petitioner was under the impression that the amount paid by her was the first premium. Hence she has suffered mental worries and difficulties. So this complaint has filed. The petitioner has authorised her daughter to conduct the case. <br /> <br /> 2. The counter is as follows: The insured has taken the policy in September 2005 itself. If the insured has any doubt about the coverage or about the premium then she would have raised the same immediately after getting the policy, but nothing was done by her. This complaint is filed only to make an undue advantage. Hence dismiss the complaint.<br /> <br /> 3. The points for consideration are:<br /> <br /> (1) Whether the petitioner is entitled to get the relief sought for?<br /> (2) Reliefs and costs.<br /> <br /> 4. The evidence consists of Exts. P1 to P4 and Exts. R1 and R2. No other evidence.<br /> <br /> 5. Points-1 & 2: The petitioner’s definite case is that she has looked into the policy details only after reaching the abroad. It was seen that the policy amount was written as 10000/- dollars instead of one-lakh dollars. It was against the stipulations. But the Company taken the contention that the insured has taken the policy after fully knowing the limit of coverage and paid the premium accordingly. The respondent also submitted that she has not raised any objection or doubt up to December 2005. This is not true. On 2.12.05 notice has sent and the company has acknowledged the notice, but no response. The company can very well send a reply stating all the true things. But they did not do so. A retired teacher having 65 years of age may not think otherwise the stipulations made by the respondent. The insurance is a contract of utmost good faith and conses adidem is essential part of it. So we are of the opinion that the respondent offered the policy of one lakh and the petitioner was also right in joining the policy of one lakh dollars. The contentions made contrary are not acceptable. It is a default on the part of the respondent company to write 10000 dollars instead of one-lakh dollars. So the company is bound to correct it. Since the duration is completed the petitioner is entitled to get the entire policy benefit of one lakh dollars. <br /> <br /> 6. In the result, the complaint is allowed and the respondent is directed to correct the overseas mediclaim policy amount as one lakh dollars and also directed to provide the entire policy benefit of one lakh dollars and further directed to pay Rs.2000/- (Rupees two thousand only) as compensation and Rs.1000/- (Rupees one thousand only) towards costs. Comply the order within a month. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 23rd day of July 2008.<br />