Ms. Nipur Chandna, Member

ORDER

19.04.2024

1. An application filed on behalf of complainant u/s 40 of CP Act 2019 for reviewing the order dated 05.03.2024. It is stated in the application that the Ld. Commission failed to appreciate that the cause of action to file the present complaint arose within the territorial jurisdiction of this Commission. It is further stated that the complainant was admitted in OP-1 hospital and had undergone the treatment with OP-1 which falls within the territorial jurisdiction of this Commission, hence, the part of cause of action arose within the territorial jurisdiction of this Commission, hence, this Commission has territorial jurisdiction to entertain and adjudicate the present complaint. It is further prayed that the present review application be allowed in the interest of justice.
2. We have heard AR for complainant Sh. Upender Gupta and have perused the record.
3.  

Section 40 Review by District Commission in certain cases.

The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record. Either of its own motion or an application made by any of the parties within thirty days of such order.

4. We have considered the submissions made by complainant and also gone through the review application. In the review application complainant has reproduced the contents of the complaint. In the para 15 of the complaint the fundamental grievance of the complainant is against OP-2 M/s National Insurance Co. Ltd and OP-3 M/s Vipul Med Corp Insurance TPA Pvt. Ltd. In  the prayer clause complainant is also seeking the relief against OP-2 & 3. No grievance or relief claimed by complainant in the main complaint as well as in the contents of review application against OP-1 Fortis Hospital. In the main complaint the cause of action define in the Para-20. The cause of action for filing of the present complaint substantially arose when OP-2 & 3 denied the claim of the complainant. OP-1 Fortis Hospital has no role to play, the mere fact that complainant got treatment at OP-1 Hospital does not constitute substantial cause of action seeking the main relief against OP-2 & 3.
5. On the basis of above observation  and discussion we are of the considered opinion  that there is no error apparent on record in order dated 05.03.2024, therefore, review application is dismissed. Review application be consigned to record room. Office is directed to comply the order dated 05.03.2024.

Sanjay Kumar              Nipur Chandna                        Rajesh

               President                            Member                         Member