First Appeal No. A/10/610 (Arisen out of Order Dated 05/05/2010 in Case No. 41/2008 of District DCF, South Mumbai). Case: Madhav Chandu Kanchan Vs 1. New India Assurance Company Limited, Through Branch Manager, Mumbai, 2. T. T. K. Healthcare Services Private Limited, Mumbai. Maharashtra State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. A/10/610 (Arisen out of Order Dated 05/05/2010 in Case No. 41/2008 of District DCF, South Mumbai)
JudgesP. N. Kashalkar (Member) & S. P. Lale (Member)
IssueConsumer Law
Judgement DateTuesday February 08, 2011
CourtMaharashtra State Consumer Disputes Redressal Commission

Judgment:

P. N. Kashalkar (Member)

  1. We heard appellant in person and Mr.Deepak Sharma, Advocate for the respondents.

  2. We are finding that this appeal has been filed by the original complainant whose complaint was dismissed by the District Consumer Disputes Redressal Forum, South Mumbai by order dated 05/05/2010.

  3. There is delay of 18 days in filing this appeal for which condonation of delay application No.315/2010 has been filed. Just and sufficient cause has been made out in the condonation of delay application which is supported by the affidavit. Since, it is the appeal filed by the complainant himself, we do not want to impose cost while allowing the condonation of delay application preferred by the appellant. We allow the condonation of delay application and condone the delay to decide the appeal on merits.

  4. The appellant had taken mediclaim policy in the year 2001. He had renewed the medi-claim policy every year. The assured sum was 1 Lakh. It was Hospitalization and Domiciliary Hospitalization Benefit Policy. Besides amount assured, the complainant was to receive cumulative bonus of 25,000/-, if in case he does not claim any medi-claim in any year. For every year 5,000/- was payable. The sum...

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