M.THANIKACHALAM, J. - (1.) THE complainant is the appellant.
(2.) FACTS: The complainant had taken individual mediclaim policy, for one year from 28.5.2009 to 27.5.2010, and previously also he was regularly taking individual mediclaim and renewing the same in advance, as per the intimation given by the opposite parties. He was under the bonofide impression that the present policy, bearing No.412000/48/2010/377 should be renewed during August 2010, waiting renewal notice in the month of July. But the opposite parties have not issued any reminders, and therefore the complainant on his own, requested the opposite party to renew the policy by sending a cheque for Rs.28,788/-, with covering letter, which was returned informing as if the complainant had crossed 80 years of age, not eligible for mediclaim policy, and if at all fresh policy has to be taken, that is barred, and there is no question of renewal. Thus in not sending renewal notice, as well as not renewing the policy, w.e.f. the date of expiry of the previous policy, the opposite party had committed negligence, as well as deficiency in service, thereby caused mental agony to a senior citizen, aged about 80 years. Hence the complainant is constrained to file this consumer complaint, seeking direction to renew the policy, as well as claiming a sum of Rs.50000/- as compensation.
(3.) THE opposite party/ respondent, admitting that the complainant was a mediclaim policy holder, and the policy issued was from 28.5.2009 to 27.5.2010, which expired on the midnight, that it is not mandatory, that they should issue reminder for renewal of the policy, that when the complainant requested for the renewal sending the amount, since he had crossed the age of 80, the amount was returned in view of the fact, this kind of policy is contemplated for a person, aged between 18 and 80, and that the complainant is not a consumer, mental agony alleged is imaginary, for which the insurance company cannot be held responsible, praying to dismiss he complaint with cost, denying other averments also.;