Arbitrary Denial of Cashless Authorization Constitutes Severe Deficiency in Service
Max Bupa Health Insurance Co. Ltd. v. Brig. K. S. Dalal — First Appeal No. 248/2018, State Consumer Disputes Redressal Commission, New Delhi
Core Dispute: The policyholder was admitted for emergency cardiac surgery at a network hospital. The insurer's Third Party Administrator (TPA) refused cashless authorization at the admission stage without examining the treating surgeon's emergency certificate, vaguely alleging that the condition stemmed from a pre-existing lifestyle disorder. The complainant was compelled to arrange urgent personal funds of ₹4,20,000 to undergo the operation.
Court Ruling: The State Commission held that summarily rejecting cashless authorization for an emergency patient without verified clinical substantiation constitutes gross deficiency in service. The insurer's contractual promise to provide cashless treatment cannot be rendered illusory by arbitrary desk queries. The Commission affirmed an order directing the insurer to pay the full claim amount of ₹4,20,000 along with 9% annual interest, ₹1,00,000 as compensation for mental harassment, and ₹25,000 litigation costs.