1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that the complainant is policy holder of Opposite Parties. The complainant vide present complaint  has alleged that he got admitted in the hospital of Dr.Amritpal Singh Sodhi, Moga on 23.08.2022 and was discharged on 28.08.2022. After discharge from the hospital, the complainant has submitted all the relevant documents i.e. original policies, Adhar Card, Bank Account, Pan No. and photo to requisite counter for claim on the basis of the above said policy. The complainant timely performed all the formalities relating to the claim and submitted all the documents required by Opposite Parties, but despite that Opposite Parties have not paid the medical bills and other bills covered under the said policy and in order to avoid their liability, the Opposite Parties have arbitrary, illegally rejected the claim of the complainant without any rhyme on 14.05.2023 and vide instant complaint, the complainant claimed the amount of Rs.52,505/- alongwith compensation and litigation expenses.

          As per section 36 (2) of the Consumer Protection Act, the admissibility of the complaint be decided within 21 days from the date of filing of the complaint. Section 36 (2) of the Consumer Protection Act, 2019 is reproduced as under:-

36. Proceedings before District Commission.—

(1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together: Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member.

(2) On receipt of a complaint made under section 35, the District Commission may, by order, admit the complaint for being proceeded with or reject the same: Provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was filed.

(3) Where the District Commission does not decide the issue of admissibility of the complaint within the period so specified, it shall be deemed to have been admitted.

 As per the provision mentioned above a number of times, the case was fixed for preliminary hearing, but despite taking opportunities, counsel for the complainant did not turn up. Hence, we are deciding the admissibility of the complaint.

          Perusal of the record reveals that the complainant has not placed on record any of the documents in support of his averments i.e. no record pertaining to his alleged treatment taken nor any document revealing that any claim got lodged. Also there is no record qua the repudiation of the claim as has been alleged in the complaint. The documents appended with the complaint pertains to the variant policy documents only and nowhere documents in support of the averment being placed on record. As per record no cause of action accrued in favour of the complainant for filing the present complaint. Hence, the present complaint is disposed of. However, complainant is at liberty to file a fresh complaint alongwith relevant documents as per law, if he so desires. Copy of the order be supplied to the parties free of costs. Extra sets of the complaint alongwith original documents, if any, be returned to the complainant. Copies of the original documents be retained on the file. File be consigned to record room after compliance.

Announced in Open Commission