Over years, consumer forums across the country have strived to protect rights of consumers. We look at judgments passed in two recent cases.

MAYUR PARMAR

Vs

The ORIENTAL INSURANCE COMPANY LIMITED

In February 2023, the Vadodara Consumer Dispute Redressal Commission ruled that an insurance does not have the right or jurisdiction to decide on the nature of expenses that are necessary for medical treatment or fix a maximum cap on such expense.

Facts of the case in brief

• In December 2022 Mr. Mayur Parmar underwent cataract surgery for both his eyes. The medical treatment cost a total of Rs. 1.64 lakhs. He claimed insurance from Oriental insurance company Ltd. 
• However, the insurance company only approved partial reimbursement of Rs. 49,000 on the ground that the sum was reasonable for cataract surgery. 
• Aggrieved, Mr. Parmar filed a consumer complaint in the Vadodara Consumer Dispute Redressal Commission seeking full reimbursement of Rs. 1.64 lakhs. He  contended that the insurance company incorrectly interpreted the policy terms.

Judgment

While passing judgment, the consumer forum observed that the insurance policy does not expressly mention what reasonable and customary charge was. The forum further observed that the hospital fee and medical expenses, doctors’ fee and related expenses vary from one hospital to another. That being the case, the insurance company cannot decide which expenses are necessary and those that are unnecessary in the course of the treatment. Also, the insurance company cannot decide the maximum amount of compensation that an insurance claimer is entitled to get. The insurance company cannot decide on how much and what kind of  treatment the doctor can undertake in the course of the treatment.  In this case, though cataract surgery is common, the procedures involved, the lens required depends upon the person and the doctor treating them. Observing that the insurance company’s partial reimbursement was arbitrary and not reasonable, the forum directed the insurance company to reimburse the total cost of medical treatment along with interest of 9% along with cost towards mental agony and legal costs.

KYRIAKI PETRITI

Vs

LUFTHANSA AIRLINES

In July 2023, a Bangalore based family won a case against German airline Lufthansa for denying boarding of the minor son with emergency travel documents.

Facts of the case

• In October 2021, Greek nationals Kyriaki Petriti and her minor son, had to travel to Athens, Greece via Frankfurt. They were stranded in Bangalore during the Covid pandemic. 
• The minor son’s passport expired and due to the pandemic, his passport could not be renewed. The boy’s father arranged for an emergency passport through Greece embassy in New Delhi.
• The mother-son paid Rs. 3.26 lakhs to travel in business class of Lufthansa airlines. However, on reaching the Bangalore airport, the ground staff of the Lufthansa airline denied the minor son from boarding even though he had valid emergency passport /travel documents on the grounds that Germany did not permit landing using emergency travel documents. 
• With no other option, the mother-son duo booked another flight on Emirates airlines paying Rs. 4.49 lakhs and flew to Athens via Dubai where travel with emergency documents was allowed.
• Kyriaki wrote to the German Federal Police seeking clarification on travelling to Germany with emergency travel documents. When the German police confirmed that emergency travel documents were indeed permitted to land in Germany, the couple contacted the Lufthansa airlines staff in Bangalore airport with the same. However, on not getting any response, the couple filed a consumer complaint with the Bangalore Consumer Dispute Redressal Forum.

Judgment

While passing the order on 11th July 2023, the Bangalore Consumer Dispute Redressal Forum held that the action of Lufthansa airlines denying boarding to a person holding valid emergency passport / travel documents was unfair, unjust, and illegal. The commission further observed that Germany did indeed permit travel with valid emergency documents. Hence the forum directed Lufthansa airlines to  refund the entire cost of Lufthansa tickets along with the additional differential amount incurred in flying in another airline. Further the Consumer Forum imposed cost for unfair trade practice, mental agony and legal costs.