GOWRI SUR Vs. ORIENTAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) This complaint was filed in this Commission on 20.9.2002 wherein the complainant, Dr. (Mrs.) Gowri Sur has claimed an amount of USD 26806 towards the Overseas Mediclaim Insurance Policy, issued by the Extension Counter of OP1, Oriental Insurance Co. Ltd., situated at high security zone of the Departure Building at Terminal-II of I.G.I. Airport, New Delhi, OP1, the same being under the supervision and control of OPs 2 and 3, to the complainant, who, was leaving for USA, along with her husband Dr. B.K. Sur besides interest @ 15% p,a., from 7.1.2001, till realisation, on claim No. 1. She has further claimed Rs. 10,00,000 as damages, with interest @ 15% p.a., from 30.7.2001, till payment, from Oriental Insurance Co. Ltd., at I.G.I. Airport, New Delhi, OP2 and the Commissioner of Police, I.G.I. Police Station, New Delhi, OP No. 3. It may be mentioned here that OP 3 was discharged vide order passed by this Commission, on 4.4.2003.

(2.) The Insurance Company repudiated the claim on 9.3.2001 by informing the complainant that the above said policy documents were not issued by their office. The complainant was also informed that it appears to be a fabricated document for which the police was taking action.

(3.) The facts germane to the present case are these: The complainant, Dr. (Mrs.) Gowri Sur and her husband, Dr. B.K. Sur, were about 72 and 77 years of age, respectively, at the time of filing of this complaint. They have two sons, who are residents of USA. The complainant and her husband went to USA, for the sixth time, since 1998. For the sixth visit to USA, Dr. B.K. Sur, the husband of complainant, was advised that since the complainant had completed 70 years' of age, clearance for policy was required from the Regional Office in Lucknow and Head Office in New Delhi. Alternatively, he was advised that the policy could be easily obtained from the Extension Counter of OP1, inside of Departure Building of I.G.I. Airport Authority, New Delhi, within an hour of submitting the form. However, there is no such proof. This is a bare assertion. The complainant and her husband approached the Extension Counter of OP1, as stated above. There was a prominent Sign Board carrying, inter alia, the sign of "Overseas Mediclaim Policy". That extension counter was controlled by a single person. Thereafter, the complainant and her husband submitted the duly filled-in proposal form for OMP to him, along with the requisite medical certificate, who informed them that the said papers were not required as the extension counter issued OMP providing restricted cover only which did not require medical tests or reports on account of shortage of time, before travel. They were assured that the policy would provide cover to the extent of USD 1,00,000.00 for accident and USD 10,000.00 for illness and the premium thereon was required to be paid in cash to avoid any undue complications. Accordingly, the complainant and her husband paid a sum of Rs. 20,066 in cash, to OP2 and the Overseas Mediclaim Policy was issued to them on the spot. They travelled to USA, on the strength of risk covered under the said policy. It is surprising to note that complainant and her husband, who were going to U.S.A. for the sixth time reposed faith in this version in a jiffy. Does not it appear to be a story made out of whole cloth.