ORDER

The present Revision Petition has been filed by the Petitioner under Section —-21(b) of the Consumer Protection Act, 1986 (the “Act”) against impugned order dated 14.11.2017, passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Chennai (‘for short ‘State Commission’) in First Appeal No.464 of 2012. In this appeal, the Complainant appeal was allowed partly, thereby set aside the Order dated 30.04.2012, passed by the District Consumer Disputes Redressal Forum, Chennai, South (For short “District Forum”) in Consumer Complaint No. 684 of 2009, wherein the Complaint filed by the Complainant (Respondent No. 1 herein) was dismissed.

2. For convenience, the parties in the present matter are denoted as per their positions in the Consumer Complaint before the District Forum. S. Ramu is identified as the Complainant (Respondent No. 1 herein). Meanwhile, M/s. HDFC Bank Ltd. is identified as OP-1 Bank (Petitioner herein) & M/s. TTK Health Care Services Pvt. Ltd is identified as OP-2 (Respondent No.2 herein), in the present matter.

3. In brief, the OP-1 Bank issued a credit card named “HDFC Bank Health Plus Credit Card” in 2003, providing cashless medical reimbursement benefits up to Rs.50,000/- for critical care and up to Rs.1,50,000/- for Medi-claim, on payment of an annual membership fee. The Complainant, along with his wife and daughter as add-on members, enjoyed these benefits until September 2011. However, in July 2007, he received a letter from OP-2 (TPA), informing about third-party administrative services authorized by United India Insurance Company, effective from 01.07.2007. Despite the Complainant’s membership fee being debited on 15.10.2008, an account statement received on 19.03.2009 showed a reversal of the membership fee, service tax, and cess, leading to confusion. Upon contacting OP-1’s customer service, he learned that his Health Plus Credit Card membership was reversed, compelling him to switch to a “Master Platinum Card.” This unilateral decision, over five months after the fee payment for 2008-09, was neither communicated nor explained adequately by OP-1 despite multiple inquiries by him. Notably, there was no prior intimation from OP-1 regarding the discontinuation of the scheme. On 23.03.2009, the Complainant’s wife was hospitalized and he incurred a medical expenditure of Rs.17714/-. On filing a claim with OP-2 on 31.03.2009, it was rejected on the grounds of policy non-renewal. Further, while seeking admission for cardiac treatment at another hospital he incurred expenses of Rs.95,620/- and the claim of his wife was denied due to non-renewal of the policy, forcing him pay for it.

4. Being aggrieved, the Complainant filed CC 684/2009 seeking Rs.1,13,336/- towards the medical expenditure along with interest @ 12%; and direction to OP-1 Bank to renew and continue the insurance cover. He further sought compensation of Rs.17,00,000/- for the hardship humiliation mental agony and health crisis meted out to him and his family members; Rs.1,00,000/-as compensation for hardship and mental agony; and further directions to OPs to cease and desist from such unfair trade practice and to pay costs.

5. In reply before the District Forum, OP-1 acknowledged issuing a Health Plus credit card to the Complainant on 20.09.2003, which was later upgraded to a Titanium card effective from 08.08.2009. The Complainant accepted the credit card, thereby agreeing to the terms and conditions outlined thereat. OP-1 withdrew the Health Plus credit card and TPA card across all accounts in August 2008, notifying customers, including the Complainant vide letter dated 11.10.2008 served on 13.10.2010. The scheme discontinuation was notified in the monthly card statements. Subsequently, he filed claims for medical expenses incurred in March 2009 and April 2009, post the scheme withdrawal, which OP-1 declined to pay. Despite the scheme withdrawal in August 2008 itself, as an exceptional service gesture, OP-1 proposed pay Rs.50,00