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2023 Supreme(Online)(NCDRC) 2200
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 666 OF 2018
(Against the Order dated 24/11/2017 in Appeal No. 1957/2008 of the State Commission Uttar Pradesh)
1. INDRA BHAN SHUKLA
THROUGH POWER OF ATTOERNEY HOLDER, S/O. SHRI RAMESH PANDEY, R/O. E-246-247, THIRD FLOOR, NEHRU VIHAR
DELHI-110054
...........Petitioner(s)
Versus
1. NEW INDIA ASSURANCE CO. LTD.
INCLUDING ITS BRANCH MANAGER AT SHAHI BUILDING CINEMA ROAD,
GORAKHPUR
UTTAR PRADESH
...........Respondent(s)
BEFORE:
 
HON'BLE MR. BINOY KUMAR,PRESIDING MEMBER
FOR THE PETITIONER :
APPEARED AT THE TIME OF ARGUMENTS
FOR PETITIONER : MR. ANURAG SAHAY, ADVOCATE
MR. RAJESH PANDEY, ADVOCATE
FOR THE RESPONDENT :
MR. S. K. RAY, ADVOCATE
MS. NEETIKA CHATURVEDI, ADVOCATE
Dated : 20 December 2023
For the Petitioner: MR. RAMESH KUMAR MISHRA, MR. MUKESH KUMAR, MR. RAJNISH KUMAR SINGH, MS. NIDHI & MR. SAURABH PANDEY
For the Respondent: M/S. S.K. RAY & ASSOCIATES
ORDER
“The complaint of the complainant is accepted partly in favour of the complainant and against the opposite parties and the opposite parties are directed that they pay insured amount of mediclaim i.e. Rs. 1,90,148.00 (Rupees One Lack Ninety Thousand One Hundred Forty Eight only) and 10% simple interest per annum thereupon from the date of the dismissal date of claim i.e. 26.05.1999 till the realization of the payment within 60 days from the receipt of the copy of this order to the complainant and Rs. 5,000/- (Rupees Five Thousand only) as compensation towards the financial and mental pain and agony and Rs. 1000/- (Rupees One Thousand only) towards complaint expenses also, if the opposite party will not pay the aforesaid entire amount with interest within the aforesaid period, the complainant will be entitled to recover through the District Consumer Forum from the opposite parties.”
“(a) call for the records of the present case and;
(b) allow the present revision petition made by the Petitioner thereby setting aside the Final Judgment and Order dated 24.11.2017 passed by the Hon’ble State Consumer Disputes Redressal Commission, U.P. at Lucknow in Appeal No. 1957 of 2008 and restore the order dated 06.09.2008 passed by the District Consumer Forum, Basti, U.P. in Consumer Case No. 178 of 2001;
“Re: your reported claim under mediclaim policy no. 48/11761 claim no. 48/421301/99/0037
Dear Sir,
With reference to the captioned claim, we have to inform you that, taking into account, all the relevant documents as submitted by yourself and specially suggestion Dr. R.M. Misna, Basti and certificate issued by Dr. C.M. Thiagarajan of renal care, Willingdon Hospital, Chennai dated 07.11.1995, that yourself Shri I.B. Shukla, the insured, was a case of chronic glomerulonephritis/end stage renal disease. It is very clear & well established fact that the aforesaid disease was the fire existing disease with you as the time of commence of the policy, which falls under the exclusion of the policy and hence your above reported claim is not maintainable at all.
Keeping in view of the above, the captioned claim is hereby repudiated without prejudice. Any inconvenience in this regard caused to you highly regretted.”
............................
BINOY KUMAR
PRESIDING MEMBER
