Kerala

StateCommission

RP/14/2018

MAX BUPA HEALTH INSURANCE - Complainant(s)

Versus

K P PAUL - Opp.Party(s)

SAJIN ISAAC K J

04 Apr 2018

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

REVISION PETITION NO.14/18

ORDER DATED : 04.04.2018

 

(Revision petition filed against the order in CC.No.70/2017 on the file of CDRF, Ernakulam order dated 23.02.2018)

 

PRESENT

 

HON’BLE JUSTICE SRI.S.S.SATHEESACHANDRAN : PRESIDENT

 

SRI.T.S.P.MOOSATH                                        : JUDICIAL MEMBER

 

SRI.V.V.JOSE                                          : MEMBER

 

REVISION PETITIONERS

 

1. M/s.Max Bupa Health Insurance Co.Ltd, B-1/1-2, Mohan

Co-operative Industrial Estate, Mathura Road,

New Delhi – 110044

Rep.by CMD

 

2. The Manager – Operations, Max Bupa Health Insurance Co.Ltd,

7^th Floor, Puthuran Plaza, KPCC Junction, M.G.Road,

Ernakulam – 682 011

 

(By Adv.Sri.Saji Issac.K.J)

VS

REVISION COUNTER PETITIONERS

 

1. K.P.Paul, S/o.Pappu, Kannampuzha Houe, Angamally South, Ernakulam , Kerala – 683 572

 

2. Annie Paul, W/o.K.P.Paul, Kannampuzha House, Angamally South, Ernakulam – Kerala – 683 572

                                JUDGMENT

HON’BLE JUSTICE SRI.S.S.SATHEESACHANDRAN : PRESIDENT

Application moved by opposite parties was turned down by the forum below holding that they could have taken steps to procure the documents before listing the case for trial. We note the submissions of the counsel for revision petitioners / opposite parties that the application was moved for production of the case sheet of complainant from hospital to establish the case that there was material suppression by complainant when he took the policy. Application was moved at the stage when complaint was posted for evidence of opposite parties. We find that the dismissal of that petition moved by the opposite party was improper and in the given facts of the case we also find no notice to the complainant is called for to pass appropriate orders in this revision. Reversing the Order of the lower Forum allowing the revision it is directed to issue summons for production of records and to proceed and dispose of the case in accordance with Law.

Revision is allowed.

 

JUSTICE S.S.SATHEESACHANDRAN      : PRESIDENT

 

T.S.P.MOOSATH              : JUDICIAL MEMBER

 

V.V.JOSE         : MEMBER

 

Be/

 

 

 

 

 

 

 

 

 

KERALA STATE

CONSUMER DISPUTES

REDRESSAL COMMISSION

SISUVIHARLANE

VAZHUTHACADU

THIRUVANANTHAPURAM

 

REVISION PETITION NO.14/18

ORDER DATED : 04.04.2018