Back
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, CHANDIGARH.
First Appeal No.788 of 2019
Date of institution : 29.11.2019
Reserved on
: 22.06.2021
Date of decision : 28.06.2021
1. Sorabh Tayal S/o Shri Ashok Kumar,
2. Seema Tayal W/o Shri Sorabh Tayal,
Both residents of H.No.5-C, Aman Nagar, Jalandhar, Punjab.
.….Appellants/Complainants
Versus
1. Religare Health Insurance Company Ltd., PUDA Complex, Near
OBC Bank, Near LIC Building, Jalandhar-144001, through its
Chairman/Directors/Branch Manager/Principal Officer.
2. Star Health and Allied Insurance Company Ltd., EH 198, Second
Floor, Nirmal Complex, G.T. Road, Jalandhar, through its
Chairman/Directors/Branch Manager/Principal Officer.
…..Respondents/Opposite Parties
First
Appeal
against
the
order
dated
29.10.2019
of
the
District
Consumer
Disputes
Redressal
Forum
(now
‘Commission’), Jalandhar.
Quorum:-
Hon’ble Mr. Justice Paramjeet Singh Dhaliwal, President
Mr. Rajinder Kumar Goyal, Member
1) Whether Reporters of the Newspapers may be
allowed to see the Judgment?
Yes/No
2) To be referred to the Reporters or not?
Yes/No
3) Whether judgment should be reported in the Digest? Yes/No
Argued by:-
For the appellants : Sh. Atul Malhotra, Advocate
For respondent No.1
: Ms. NIharika Goel, Advocate
For respondent No.2
: Sh. Puneet Jain, Advocate
……………………………………………………………………….
First Appeal No.788 of 2019
2
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT
The
instant
appeal
has
been
filed
by
the
appellants/complainants against the impugned order dated 29.10.2019
passed by the District Consumer Disputes Redressal Forum (now
‘Commission’), Jalandhar (in short “the District Commission”), whereby
the complaint filed by the complainants against the opposite parties (in
short ‘OPs’), under Section 12 of the Consumer Protection Act, 1986,
was dismissed with no order as to costs.
2.
It would be apposite to mention that hereinafter the parties
will be referred, as have been arrayed before the District Commission.
Facts of the Complaint
3.
Brief facts of the case for disposal of the appeal are that
the complainants paid the premium of Rs.10,584/- to OP No.1 for
purchasing a health insurance policy and after receiving the same, it
issued an insurance policy bearing No.10131575 for a sum of
Rs.5,00,000/- to them at Jalandhar, which was valid from 03.08.2014
to 02.08.2015. It is further averred that before the expiry of above said
policy i.e. on 02.08.2015, the complainants got ported the said
insurance policy from OP No.1 to OP No.2 and OP No.2 issued
another insurance policy in continuation to the above said insurance
policy. The complainants paid due premium of Rs.9,462/- to the agent
of OP No.2 i.e. Lakshya Saini on 29.07.2015 at Jalandhar. OP No.2
issued a policy No.P/161125/01/2016/001103 valid from 03.08.2015 to
02.08.2016 along with recharge benefit of Rs.1,50,000/-. At the time of
portability of the said health insurance policy, complainant No.1 had
First Appeal No.788 of 2019
3
informed OP No.2 and its agent about the cough problem of
complainant No.2, though the complainants did not know about the
actual problem and it looked to be minor coughing of complainant
No.2. At that time OP No.2 and its agent did not feel any requirement
to get her medically examined from their impaneled doctors and
straightway accepted the premium. Moreover, the agent of OP No.2,
assured themselves that it is only a minor problem of cough. OP No.2
issued policy under portability in continuation of earlier insurance
policy of the complainants. It is further averred that complainant No.2
felt persistent coughing problem and approached doctors at Central
Hospital and Maternity Home on 23.07.2015 for the first time and she
was diagnosed, as simple coughing and congestion and doctors
advised her steam for se
