Mumbai Consumer Commission Orders New India Assurance To Pay ₹5.37 Lakh For Wrongly Rejecting Bariatric Surgery Claim
Mumbai, November 13, 2026: The South Mumbai District Consumer Disputes Redressal Commission (DCDRC), in one of its recent judgments, has pulled up New India Assurance Company for wrongly repudiating the mediclaim claim of a Nepean Sea Road resident on the ground that she had undergone bariatric surgery for obesity. The commission, in its order, clarified that bariatric surgery is not a cosmetic…
On November 13, 2026, the South Mumbai District Consumer Disputes Redressal Commission ruled that New India Assurance Company must pay ₹5.37 lakh for wrongly rejecting a bariatric surgery claim. The commission emphasized that bariatric surgery is not considered cosmetic but a lifesaving intervention for obesity and related health issues.
The insurer had cited a policy exclusion clause, which listed treatments like obesity treatment and its complications as non-covered. The complainant, a 32-year-old doctor, was diagnosed with morbid obesity, hypertension, and pain in her knees and back. She underwent surgery in 2017, with certificates from a gastrointestinal and bariatric surgeon supporting the medical necessity.
Despite this, the insurance company denied the claim, citing policy terms. The commission noted that the insurer had not submitted the policy terms until October 30, 2025, despite being given a year to do so. The commission found the insurer's decision to be deficient in service, resulting in mental and physical distress for the complainant.
Additionally, the commission ordered the insurer to pay ₹25,000 for the distress and an extra ₹30,000 for litigation costs.
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