IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

BEFORE      Hon’ble Thiru Justice R. SUBBIAH          PRESIDENT

                             Thiru R.VENKATESAPERUMAL                          MEMBER

 

CC.NO. 15/2014

 DATED THIS THE 20^th DAY OF APRIL 2022

1.       S.R.Chandrasekharan

New No.3, Old No.2

Vinayakapuram Main Road

Ambattur, Chennai – 600 053

 

2.       S.C.Deepak Ramamurthi

New No.3, Old No.2,

Vinayakapuram Main Road

Ambattur, Chennai – 600 053                                      ....Complainants

 

                                                  Vs 

 

1.       New India Assurance Co. Ltd.,

          Rep. by its Senior Divisional Manager

Divisional Office No.712500

Mount Casa Blanca Building II Floor

260, Anna Salai, Chennai – 600 006

 

2.       City Bank NA

Rep. by its Business Manager (Cards)

Card Member Services

P.O.Box.No.4830, Anna Salai P.O

Chennai – 600 002                                                  ....Opposite parties

 

Counsel for complainant                               :   M/s  N. Premalatha

Counsel for 1^st opposite party                       :   M/s. M.B.Gopalan

Counsel for 2^nd opposite party                       :   M/s. Namasivayam         

 

                This complaint coming before us for hearing finally on 6.12.2021 and on hearing the arguments of counsel appearing for bothsides and upon perusing the material records this Commission made the following order:

ORDER

Justice R. SUBBIAH,  PRESIDENT    

1.       This complaint has been filed under Sec.17 of the Consumer Protection Act, 1986, as against the Insurance Company/ opposite parties for the following reliefs:

          i.        Praying for a sum of Rs.10,00,000/- towards the insured amount under the Good Health Policy together with interest @12% p.a., from 8.3.2006 to the date of complaint

          ii.       Pay Rs.10,00,000/- towards compensation for mental agony

          iii.      To pay Rs.20,000/- towards cost

2.       The case of the complainant in brief is as follows:

          The 1^st complainant is the father of the 2^nd complainant.  It is the case of the complainant that 1^st complainant’s wife Mrs.Vaishnavi Chandrasekharan, and his son S.C.Deepak Ramamurthi had been covered under a Good Health Policy Certificate, which was issued on 13.1.2006.  The period of Insurance is from 1.1.2006 to 31.12.2006.  The sum insured was Rs.10 lacs each for the complainant and his wife and Rs.2 lakhs for his son.  On 13.2.2006, the 1^st complainant and his wife met with an accident while travelling in an autorickshaw at Bangalore.  Both of them were hospitalised in Hosmat Hospital for treatment.  The 1^st complainant had successfully recovered from treatment, and his wife Mrs.Vaishnavi succumbed to the injury and expired on 8.3.2006.  While he was in hospital, undergoing treatment, before the death of his wife, he received the aforesaid Insurance Certificate issued by the 1^st opposite party.  Consequent to the death of his wife on 8.3.2006, the 1^st complainant had preferred a claim for Rs.10 lakhs towards the Insurance amount to the 1^st opposite party, vide his intimation letter dt.20.3.2006.  While so, about third week of April 2006, he had received a letter dt.31.3.2006 from the 1^st opposite party, intimating the 1^st complainant that they are cancelling the policy and the certificate of insurance issued earlier has become invalid.  As per the holder of the citi bank credit card the complainant has consented to take insurance cover with the 1^st opposite party following a vigorous canvassing done by an Executive of the said bank on 19.12.2005.  Despite repeated requests the complainant was not given any information broacher and was not fully briefed on the benefits under various health Insurance Schemes but the premium amount of Rs.4519/- was promptly debited from the complainant’s account, on 27.12.2005.  He has expressed his displeasure over phone to the Citi Bank for not furnishing the details of his insuranc

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