Decided on January 10,2020

Future Generali India Life Insurance Co. Ltd. Appellant
Harinder Udayraj Singh Respondents


PREM NARAIN,J. - (1.) This revision petition has been filed by the petitioner Future Generali India Life Insurance Co. Ltd., against the order dated 14.09.2016 of the State Consumer Disputes Redressal Commission, Maharashtra passed in FA No.A/16/239.
(2.) Brief facts of the case are that the deceased wife of the complainant had availed Insurance Policy No.00633433 from opponent by paying the premium amount on 15/10/2010. She had paid two premiums of the policy. The complainant's name was entered as 'nominee' of the insured in the policy. As the deceased wife of the complainant felt uneasy she was admitted to L.T.M.G. Hospital, Sion. According to the complainant, she was diagnosed of having a kidney stone and jaundice. It is also stated that the hospital has given her blood of A +ve group whereas her blood group was B +ve. Because of giving the blood of different blood group the wife of the complainant succumbed to death on 10/10/2011. The complainant submitted the death claim to the opponent insurance company on 20/12/2011. The opponent insurance company has repudiated the insurance claim by their letter dated 02/02/2012. Alleging that not sanctioning the claim of the complainant amounts to deficiency in service on the part of the opponent, the complainant filed consumer complaint praying that the opponent be directed to pay an amount of Rs.3,19,600/- as the claim, Rs.1,50,000/- as compensation for mental agony and costs of Rs.20,000/-.
(3.) The complaint was admitted and the opponent was issued with a notice. However, despite of service of notice the opponent failed to appear before the Forum and hence, the complaint was proceeded ex-parte against the opponent. The District Forum after going through the complaint, the evidence filed by the complainant on affidavit and the pleadings of the Advocate came to the conclusion that there is deficiency in service on the part of the opponent and partly allowed the complaint directing the opponent to pay an amount of Rs.3,19,600/-, compensation of Rs.25,000/- for mental agony and costs of Rs.15,000/- to the complainant within a period of one month failing which the amount will carry an interest @6% per annum till realisation by order dated 30.11.2015. The opponent Insurance Company preferred an appeal before the State Commission, however, the appeal was dismissed vide order dated 14.09.2016.;

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