State Consumer Disputes Redressal Commission
Mr. Khurshed N. Wadia vs United India Insurance Co. Ltd. on 17 April, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BEFORE THE
HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
First Appeal
No. A/07/688
(Arisen out
of Order Dated 03/06/2005 in Case No. 370/2004 of District Pune)
1. Mr. Khurshed N. Wadia
Amar Nagari, Row House No. 22, Hadapsar, Pune - Solapur Road,
Pune - 411 028.
Maharashtra
...........Appellant(s)
Versus
1. United India Insurance Co. Ltd.
732/A, Leela Chambers, Pune - Satara Road, Pune - 411 037.
Maharashtra
...........Respondent(s)
BEFORE:
Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
Hon'ble Mr. Narendra Kawde MEMBER PRESENT:
None ......for the Appellant Adv.Mrs.Urmila Sanil ......for the Respondent O R D E R Per Shri S.R. Khanzode Honble Presiding Judicial Member:(1)
Appellant is remaining absent. Mrs.Urmila Sanil, Advocate files vakalatnama on behalf of the Respondent as per the undertaking given on previous date. Taken on record. In the circumstances, we proceed further to hear the appeal on merit.(2)
This appeal filed by the original Complainant, takes an exception to an order dated 25.04.2007 passed in Consumer Complaint No.238/2005, Mr.Khurshed N. Wadia V/s.
United India Insurance Co. Ltd., by the Consumer District Redressal Forum, District Pune (the Forum in short). In the consumer complaint the appellant claimed relief by way of declaration to get deleted exclusion clause from the medical policy. The Forum held that no such relief could be granted and dismissed the consumer complaint. Feeling aggrieved thereby this appeal is preferred.
(3)Heard. We find ourselves in agreement with the Ld.Forum when they observed that the Forum has no powers to direct Insurance Company to cancel the Exclusion Clause of the mediclaim policy. The deficiency in service is always to assess on the basis of contractual liability. Whether a particular clause of the contract is valid or invalid and whether it should be treated as cancelled or not is a declaratory relief which will not fall within the empowerment of the Forum considering provisions of Section 14 of the Consumer Protection Act 1986. In the circumstances we find the appeal devoid of any substance and hence, pass the following order:
O R D E R
(i) Appeal stands dismissed.
(ii) However, in the given circumstances, both the parties to bear their own costs.
Pronounced on 17th April, 2012.
[Hon'ble Mr. S.R. Khanzode] PRESIDING MEMBER [Hon'ble Mr. Narendra Kawde] MEMBER ep