SUMITA GUPTA Vs. NEW INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order dated 1.9.2004 passed by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the "District Forum" for short) in complaint case No. 133/04 whereby the complaint was dismissed.

(2.) The facts not presently in dispute are that Ashok Gupta who was complainant No. 1 had obtained Mediclaim policy from the OPs from 1989 and complainant Nos. 2 and 3 had obtained policy from the year 1997-98. All the complainants were insured with OPs under policy No. 451201/48/03/00030 and had been regularly paying premium towards the said policy which was renewed from time-to-time till the year the 2003-2004.

(3.) As per averments in the complaint the complainant had applied for renewal of the aforesaid policy for the period from 21.5.2004 to 20.5.2005 and had deposited all the relevant papers together with the premium on 6.5.2004 with the OP No. 04 but the said OP returned all the documents saying that due to adverse claim ratio for the preceding two years the policy is not tenable.