Complaint No.

105/2016

Filing Date: 22/02/2016

Judgment: 09/04/2019

Complainant: Satish R. Desai

Respondent: 1) Vipul Medicorp TPA Pvt. Ltd.

2) The New India Insurance Co. Ltd.

3) Office of the Insurance Ombudsman

Sub: Application u/s.25 read with Sec. 27 of the Consumer Protection Act, 1986.

Complaint No. 105/2016

BETWEEN :-

Satish R. Desai

AND

1) Vipul Medicorp TPA Pvt. Ltd.

2) The New India Insurance Co. Ltd.

3) Office of the Insurance Ombudsman

Application against non-compliance of the order dated 09/04/2019 of the District

Forum in Complaint No. 105/2016.

The complaint subsists as follows:-

(1) That the complainant filed complaint no. 105/2016 against the opposite
party before this Hon’ble Forum and this Hon’ble Forum was pleased to
provide relief to the complainant, vide its order dated 09/04/2019. The
relevant portion of order is quoted below:

“The complaint is allowed. It is held that there is deficiency in service by the

opposite party. The opposite party is directed to pay Rs.6500/- to the
 Complainant as refund for making unnecessary deduction from the insurance
amount claimed by the Complainant.

The said amount shall carry interest at 8% p.a. from the date of default until
actual payment. The opposite party is also asked to pay compensation of
Rs.500 towards cost in the present petition. The opposite party is granted 60
days time from today to comply this order.

This order is pronounced on this 9th day of April, 2019.

A copy of the aforesaid order is enclosed as Annexure – A.

(2) That more than 60 days have passed since the order, however the opposite
party has not complied with above order and have not paid the said sum, or
even bothered to contact the Complainant.

(3) That the respondents have committed an offence u/s. 27 of the Consumer
Protection Act.

(4) It is, therefore, most respectfully prayed that this Hon’ble Forum may be
pleased to grant the following reliefs / pass following orders:

(a) Complainant be awarded sum of Rs.6500/- with interest from date of

default until actual payment.
(b) That the opposite party be dealt with in accordance with the law for
having willingly, deliberately and intentionally not complying with the
orders of this Hon’ble Forum.
(c) The execution proceedings be initiated for execution of the above orders
of this Hon’ble Forum.
(d) Grant such order reliefs as this Hon’ble Forum deems fit to grant / award
in the circumstances of the case in the interest of justice and equity.

Place: Vadodara.
Dated: /06/2019 ____________________
Complainant