Per Shri Narendra Kawde, Hon’ble Member

          Heard Ms.Nandini Jadhav, Advocate for the appellant and respondent in person.

2.       This appeal is directed as against the order dated 17/12/2007 in consumer complaint No.228/2006, (Mr.Vir Bhan Sharma V/s. H.D.F.C. Bank Ltd.) passed by District Forum, Central Mumbai.  District Forum allowed the complaint and directed the appellant/Bank to pay an amount of `1,58,786.71 together with interest @ 9% p.a. with effect from 01/10/2004 till realization of the amount.  Further costs of `2,000/- was also directed to be paid by the District Forum within period of four weeks.

3.       Aggrieved and dissatisfied with the impugned order, appellant/opponent/Bank has filed this appeal on the ground that respondent/complainant did not take steps to obtain Health Plus Card from TPA of the appellant/opponent and therefore, no mediclaim was payable under the insurance policy issued by the National Insurance Company Ltd. as extended service while issuing Credit Card to the respondent. 

4.       Admitted facts are that appellant/opponent/Bank has issued Credit Card with medical cover to the respondent/complainant to cover mediclaim benefits to the complainant and to his family members limiting to `2 Lakhs.  On payment of `950/- by cheque for issuance of Credit Card, appellant/Bank issued two Credit Cards bearing Nos.5176358010146727 in the name of complainant and his wife Dr.Savita Sharma.  The extended benefit was agreed upon along with issuance of Credit Cards.  Such a mediclaim cover was extended by issuing medi-claim policy by National Insurance Company Ltd. as an arrangement with appellant/Bank.  The medi-claim insurance plan was effective from 26/07/2005 to 25/07/2006 though Credit Cards were issued in July 2004.  There is no explanation coming forward from the appellant/Bank as to why initial year i.e. 2004-2005 was not covered under the Identity Cards issued to the respondent/complainant.  Erroneously without there being a request from the respondent/ complainant, Identity Cards were renewed which was sent by the appellant/Bank on 20/08/2005 covering medi-claim benefits of `2 Lakhs.  However, medi-claim for reimbursement of expenses to the extent of `1,58,786.71 were denied to be paid as wife of the complainant Dr.Savita Sharma underwent renal angioplasty in the Hinduja Hospital during validity period of said medi-claim policy.

5.       No explanation has come forward from the appellant/Bank as to why medi-claim policy was not issued during initial period commencing from 27/08/2004 to 26/08/2005 as per declaration and the proposal and how the renewal of the card without payment of renewal fees was issued for period from 26/07/2005 to 25/07/2006.  It is undisputed fact that wife of the respondent/complainant was hospitalized and underwent surgery for renal angioplasty and paid hospital bill to the extent of `1,58,786.71.  No Health Plus Identity Cards were sent to the respondent/complainant and therefore, respondent/complainant was required to make payment to the hospital authority for the treatment and surgery underwent.  It is evident that appellant/Bank has incurred deficiency of service in not issuing TPA cards required for settlement of the hospital bill as they have failed to issue such Health Plus Identity Cards on t