From : Mrs. Smita S Chandratre,
5, Gajra Park – I,
Opp, Gajanan Mandir,
Indira Nagar, Nasik – 422009
Date : 18.05.2009
To,
Resp. Ombudsman,
{For New India Assurance Co.}
Mumbai.
Respected Sir,
Re : Notice against Wrong Consideration of Exclusion Clause [4.3] imposed under Mediclaim Policy …
Ref : Policy No. 150800/34/08/11/00000562
CCN : MDI 0283557/ ID NO. MD[protected]
Mr. Sudhakar Janardan Shukla by
The New India Assurance Co. {TPA : MD India Pvt. Ltd.}
This refers my application dated 08.04.2009 regarding reconsideration of the above mentioned mediclaim. I am thankful to you that you have taken follow up of the same, and I was called by The New India Assurance Co., Nasik Division, for discussion in this case.
Accordingly, I met Divisional Manager, The New India Assurance Ltd., Satpur, Nasik Division on 15.05.2009. Surprisingly, he behaved with me in such a way that he was unaware about this claim or he don't wish to entertain me. I spared my valuable time to meet him only because of request from New India Assurance Ltd. authorities; however, his response was very cool which make me nervous.
Despite of this, I put the facts of the above claim in front of Divisional Manager, already mentioned in my letter dated 08.04.2009. Apart from this, he focused again and again upon the same point,
“ SUM ASSURED ENHANCED BY RS. 50000/- IN CURRENT YEAR.
EXCLUSIONS FOR TWO YEAR [4.3] APPLICABLE FOR PRESENT ILLNESS
HENCE THE CLAIM IS RESTRICTED FOR PREVIOUS YEAR SI+CB I.E. RS. 57500/- ”
I, again strongly object for the reason as above conveyed by him. I would like to let you know that, while issuing the policy, the above EXCLUSIONS FOR TWO YEAR [4.3] CLAUSE or any policy schedule, or, terms and conditions, was/were not conveyed to me, nor it is provided after the policy issued till this date. Moreover, on current year renewal, while increase in S.A. on Insurer's part, this is not conveyed/ provided to me which please note.
As a consumer, please let me know under the Right To Information whether I have, right to get the terms and conditions of my contract or not ? and if yes, then whey the said Insurer failed to provide me the same ?
It is a matter of fun that when I asked about this to the New India Assurance Co. Officials, Nasik Division, they told me that, this is not a duty of Insurer to provide the schedule while giving the policy, and the policyholder should come and collect the same from Company, if he want. You may check the facts in this argument/reply, from Mr. Balasaheb Thorat, my Agent, who is witness of this episode. This proves the lacuna, irresponsible sense in Insurer's system.
Moreover, please note again that this is not a fresh Policy contract with the Insurer but, in continuation of the previous contract only.
While considering increase in S.A. on Insurer’s part, there is no Medical Exam. called for. This means that Insurer is satisfied upon the Physical Condition of the Assured as he has already examined him while issuing a fresh policy. Facts of the Claim are not varying due to increase of the S.A. on Insurer's part. I have already mentioned rest of my points in my letter dated 08.04.2009, which may please be referred again.
In view of the above, I once again state that this is a wrong consideration of EXCLUSION CLAUSE by the New India Assurance Co. Ltd. As
1. I have not been provided any policy schedule or exclusion clause.
2. This is not a fresh policy, but just a renewal of contract, health conditions remains as if at the time of taking the policy.
You are, requested to advice the New India Assurance Company not to impose this Exclusion Clause in this case and reconsider the Claim in full. If I do not get response from your end within 15 days, the way is open to me to fight against this injustice before a court of law.
Thanking you,
Yours faithfully,
sd/-
Mrs. Smita S Chandratre.
Through Email ...
Aug 14, 2020
Complaint marked as Resolved