Order  Date:  30.11.2022

Today is fixed for passing order in respect of M.A. case being No. 22/2022

No step is taken by the parties.

The record is taken up for passing order.

On 21.04.22 the complainant has filed an application u/S 38(8) supported by an affidavit praying for passing an interim order directing the OPs to revive and renew the Health Insurance Policy being No.4128i/iH/187528994/00/000 for the period from 30.11.2021 to 29.11.2023, thereby adjusting the premium amount deducting on 02.11.2021 and giving continuity benefit on the ground that the complainant has filed the complaint challenging the repudiation of the claim of the complainant under Health Insurance Policy being No. 4128i/iH/187528994/00/000. The OPs have terminated the Policy of the complainant w.e.f. 17.11.2021 after deducting renewal premium on 02.11.2021. Accordingly the interim order should be passed.

OP Nos. 1 & 2 filed written objection praying for rejection of the prayer for interim order on so many grounds.

Perused the petition u/S 38(8) of the Consumer Protection Act, 2019, written objection filed by the OPs and the complaint of C.C. Case No. 89/2022. It appears that in the C.C. No. 89/2022 the complainant challenged the same matter as it is prayed in the M.A. Case and the prayer of interim order if is passed it would be touch the merit of the case. Therefore the interim order u/S 38(8) of the Consumer Protection Act, 2019 cannot be passed at this stage.

Hence it is

                                              Ordered

that the M.A. Case being No. 22/2022 be and the same is disposed of.

To       08.02.2023 for filing evidence-on-affidavit by the complainant in C.C. Case No. 89/2022.