ASHOK KOCHHAR S/O B D KOCHHAR AND ORS Vs. RELIENCE GENERAL INSURANCE COMPANY LTD AND ORS
LAWS(HPCDRC)-2010-9-2
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on September 29,2010

Ashok Kochhar S/O B D Kochhar And Ors Appellant
VERSUS
Relience General Insurance Company Ltd And Ors Respondents

JUDGEMENT

- (1.) THIS appeal has been filed by the appellant for enhancement of compensation against the respondent. Consumer Complaint No. 265/2008 was filed by the appellant alleging deficiency of service, as well as unfair trade practice against the respondent. Appellant having obtained for himself as well as for his wife hospitalization and domiciliary benefit policy from New India Assurance Company from 30.3.2007 to 29.3.2008 is admitted between the parties. According to the appellant on 27.3.2008 one Shri Rohit on behalf of the respondent persuaded him to shift the said hospitalization and health care benefit policy, to the "Reliance HealthWise Policy" of the respondent. Proposal form was filled in by him, and premium of Rs. 3810/ - by means of cheque favouring the respondent was handed over by the appellant. Further according to him he had completed all the codal formalities and also submitted the requisite documents. Thereafter appellant was waiting for the policy to be sent by the respondent. To his utter surprise, vide letter dated 12.5.2008 he received back the cheque of Rs. 3870/ - sent by him towards the premium of the policy in question. This resulted in filing of the complaint.
(2.) BEFORE proceeding further in the matter, it may be appropriate to mention that because of denial of the benefit of Reliance HealthWise Policy by the respondent, according to the learned counsel for the appellant, his client also could not get the policy renewed that he was already having upto 29.3.2008 with New India Assurance Co. Ltd. Thus he was placed in a situation that if he/his wife had health problem, then they were both left without protection. This was solely due to the deficiency in service/unfair trade practice on the part of the respondent. It was not disputed on behalf of the parties, that after 65 years of age the appellant was not entitled to get a new policy, exception to this was where it is a case of renewal of an earlier existing policy.
(3.) RESPONDENT was set ex parte before the District Forum below after it had been duly served for 13.7.2008, and having absented. District Forum below has allowed compensation in the sum of Rs. 25,000/ - on account of the appellant suffering financial loss, inconvenience and humiliation, to be paid within 45 days of the issuance of the copy, failing which respondent has been held liable to pay interest on this sum @ 9% per annum, with effect from the date of filing of the complaint till payment was made. Respondent has also been burdened with cost of litigation fixed at Rs. 1500/ -. This appeal for enhancement is filed by the appellant, whereas respondent is not aggrieved from the impugned order and it has attained finality intra parties.;


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