ORIENTAL INSURANCE CO.LTD. Vs. ANURADHA SAXENA

JUDGEMENT

(1.) ON the face of it the impugned order is not only harsh but not in accordance with the spirit and object of Consumer Protection Act, 1986. Merely on account of having not despatched or issued the insurance policy to the respondent well in time and having produced the duplicate receipt the veracity of which was doubted by the District Forum, the District Forum vide impugned order dated 28.10.2005 has awarded Rs. 20,000 as cost and compensation and Rs. 30,000 as punitive damages.

(2.) FEELING aggrieved the appellant has directed this appeal.

(3.) ADMITTEDLY the respondent has been obtaining for the past few years the mediclaim policy from the appellant for self, husband and two children and applied for renewal by the appellant for the year 2004 -2005 and paid the premium of Rs. 5,966. Though the cheque was encashed but neither the cover note nor the policy was issued to the respondent. However, the policy was issued on 25.6.2004 and was despatched on 28.6.2004 and when the respondent informed the appellant that she has not received the policy it was again despatched on 29.7.2004.