Case nº Revision Petition No. 1515 of 2008 of National Consumer Disputes Redressal Commission, January 30, 2014 (case Ram Swaroop Agrawal and Anr. Vs New India Assurance Co. Ltd.)

JudgeFor Appellant: Mr. Avneesh Garg, Advocate and For Respondents: Dr. Sushil Kr. Gupta, Advocate
PresidentDr. B.C. Gupta, Presiding Member
Resolution DateJanuary 30, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission


Dr. B.C. Gupta, Presiding Member

  1. This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 3.11.2007, passed by the Madhya Pradesh State Consumer Disputes Redressal Commission (for short 'the State Commission') in F.A. No. 1581/2006, Ram Swaroop Agrawal & Anr. v. New India Assurance Co. Ltd. & Anr. vide which appeal against the order dated 10.7.2006, passed by the District Consumer Disputes Redressal Forum, Gwalior, dismissing the consumer complaint No. 391/2004, was ordered to be dismissed and the order of the District Forum was upheld. In the revision petition, the New India Assurance Co. Ltd. was made as respondent No. 1 and M/s. Paramount Health Services Private Limited, Bhopal was made as respondent No. 2. However, during the pendency of the revision petition, an application was moved for deletion of respondent No. 2 from the array of parties. The said application was allowed and amended memo of parties was taken on record.

  2. The brief facts of the case are that petitioner No. 1/complainant No. 1 and his wife Shakuntala Devi Agrawal, obtained a mediclaim policy from the respondent Insurance Company for the period from 31.12.2001 to 30.12.2002 for an amount of Rs. 2,00,000, which was subsequently renewed for the period from 31.12.2002 to 30.12.2003 on payment of a premium of Rs. 9,469. During the tenure of the policy, Smt. Shakuntala Devi suffered from ailment of fever, abdominal and chest pain in the month of March 2003. She remained under treatment with various hospitals including the Apollo Hospital. A claim of Rs. 1,24,682 was made under the mediclaim policy with respect to expenditure on treatment taken by Smt. Shakuntala Devi from various hospitals. The said claim was, however, repudiated by the OPs on the ground that Smt. Shakuntala Devi had been suffering from diabetes and hypertension for the last 15 years. The consumer complaint in question, was then filed before the District Forum. However, during the pendency of the case, Smt. Shakuntala Devi died and the petitioners No. 2 (a to d) were impleaded as parties in her place. The District Forum after taking into account the evidence submitted before them, dismissed the consumer complaint in question. The State Commission vide impugned order also dismissed the appeal filed by the petitioners/complainants. The present revision petition has been moved against this order.

  3. At the time of hearing, the...

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