The complainant Mamta Manu’s husband Mandeep Sharma had obtained two LIC policies for Rs 5 lakh and Rs 25, 000 in 2002 and 1997 respectively. He was diagnosed with jaundice in January 2003 and passed away in May the same year. When the appellant, Mamta, lodged a claim with LIC in respect of the above said policies, it was repudiated on the grounds that her husband was a habitual drinker and he’d concealed the fact during the time of taking the policies. When she approached the District Consumer Forum in this regard, the death certificate issued by the GMCH 32, Chandigarh, stating that he was a habitual drinker, went against her case and led to the dismissal of her complaints. Aggrieved by the order, the complainant filed two separate appeals with the State Consumer Disputes Redressal Commission.
The medical note and death certificate stating Mandeep Sharma had been a habitual drinker for the last 10 years could not convince the State Commission. “The report does not state who the information provider was, regarding the deceased’s consumption history. The name of the doctor is also not mentioned and the affidavit has not been placed on file. On what basis was he declared a chronic patient of Alcoholic Liver Disease?” held the State Consumer Commission in its judgement. It also held that Mandeep did not completey deny taking alcohol while taking the policy. The LIC should have had him examined thoroughly by its doctors. The Commission concluded that Mandeep had not made any incorrect statements or committed fraud with the LIC.
Compensation for cancelled-flight passengers
Cancellation of a flight at whim cost an airline company dearly. The District Consumer Forum has directed SpiceJet Airways to pay Rs 45,000 as compensation along with Rs 10,000 as other expenses to a complainant who had to unduly suffer because of a cancelled-at-last-minute flight.
According to complainant Dr Bhagat Singh Sehrawat, he had booked four Spice Jet tickets for a Delhi-Bangalore trip. He had also bought return tickets from Indian Airlines in advance, which were non-refundable. However, he found out on reaching the airport that the flight had been cancelled because of adverse weather conditions. The incident dates back to December 23, 2006, and since he had booked rooms in Bangalore, Mysore and Ooty, he asked for the refund so that he could catch the Indian Airlines flight which was available that day itself.
However, airline officials told him that the refund could be received only from the agent. With not enough money to buy tickets, he and his family had to stay for three days in Faridabad as the next Spice Jet flight was scheduled for December 26. The counsel for the Spice Jet contended that they could not do anything under the unforeseen conditions and had sent an SMS to the complainant about the cancellation.
The Consumer Forum headed by Jagroop Singh Mahal was not convinced with the report that the airlines had produced to prove the weather conditions of that day. “There is no news item or evidence from the weather department that there was a fog at 10.00 pm on December 23,2006,” noted the Forum.