SENIOR DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. THROUGH ITS ASST. MANAGER DELHI CENTRALISED LEGAL HUB, JEEWAN RAKSHA BUILDING, 12/1, ASAF ALI ROAD, NEW DELHI Vs. DR. DEBABRATA MAJUMDAR & 2 ORS. RAJA RAM MOHAN ROY MAHAVIDYALAYA, P.O. NANGULPARA, P.S. KHANAKUL DISTRICT

JUDGEMENT

(1.) Mr. Kalyankumar Deb, Advocate has put in appearance on behalf of the Complainants, Respondents No.1 and 2 in the Petition. Since Notice to Respondent No.3, i.e. Medicare TPA Services, was not considered necessary, we have heard learned counsel for the contesting parties.

(2.) Challenge in this Revision Petition, by the New India Assurance Co. Ltd. (for short "the Insurance Company "), is to the order dated 19.5.2016, passed by the State Consumer Disputes Redressal Commission, West Bengal at Kolkata (for short "the State Commission ") in First Appeal No.A/1276/2014. By the impugned order, while reversing the order dated 17.10.2014, passed by the District Consumer Disputes Redressal Forum, Kolkata, Unit-II in C.C. No.178/2014, whereby the Complaint was dismissed on contest, the State Commission has directed the Insurance Company to reimburse to the Complainants a sum of Rs. 14,922.00, the amount expended by them for medical treatment and claimed under the Mediclaim Policy issued by it, along with interest at the rate of 12% p.a. from Nov. 2012 and litigation costs quantified at Rs. 10,000.00, with a default stipulation to the effect that if the said amount is not paid within a period of 40 days from the date of its order, it shall carry interest at the rate of 8% p.a. till full realization. Additionally, the State Commission has also directed the Insurance Company to pay a sum of Rs. 5,00,000.00 as punitive damages, out of which Rs. 50,000.00 is to be paid to the Complainants and the remaining amount is to be deposited in the State Consumer Welfare Fund, West Bengal.

(3.) On 15.7.2016, when the Revision Petition came up for motion hearing, notice issued to the Complainants was confined to the question of award of the afore-noted punitive damages. Ad interim stay in respect of the said amount was granted on the condition that the Insurance Company shall pay to the Complainants all other amounts, as directed in the impugned order.