ORDER

 12.11.2024

1. An application filed on behalf of OP-1 i.e. Max Super Speciality Hospital  for deletion of the name from the array of parties.

2. It is stated in the application that the complaint filed by complainant against OP-1 is without any cause of action. The dispute in the present case is between complainant and his insurance company i.e. OP-3. It is further stated that the present complaint case has been filed on account of denial of cashless facility to the complainant by OP-3 which is beyond the scope of OP-1. It is further stated that denial of the cashless claim by OP-3 does not make OP-1 liable for any deficiency in service as well as compensation. Moreover, the complainant has not stated any single allegation of deficiency in service on negligence against OP-1. Further, no relief has been claimed by complainant against OP-1 in the present complaint case with respect to the services provided, hence, OP-1 be deleted from the array of parties.

3. Reply to the application filed by complainant thereby simply denying the averments made in the application. It is further stated that OP-1 is a necessary party hence deletion application be dismissed with cost in the interest of justice.

4. We have heard counsel for OP-1 Sh. Rishabh Ramora as well as Sh. M.K. Gill counsel for complainant and  perused the record.

5. Admittedly the complainant has filed the present complaint for non reimbursement of his mediclaim by OP-3. The entire averments made by the complainant in his complaint is in respect to the repudiation of the claim by OP-3. The complainant nowhere in its complaint has averred a single allegation against OP-1 in respect to the deficiency in service on its part. Even under the heading “Prayer Clause”  the complainant has prayed to this Commission to pass the appropriate order thereby directing opposite party to release the claim amount of Rs. 3,13,104.78/- which clearly indicates that the complainant had claimed the reimbursement of the medical expenses which can been granted only against OP3, hence, we are of the view that the complainant had sought  relief only against  OP3.   The visit of the complainant for treatment to OP-1 without any deficiency on the part of OP-1 does not accrued any cause of action against OP-1 and in favour of the complainant  to file the present complaint case.

6. In view of the above, we are of the considered opinion that no cause of action accrued in favour of the complainant and against the OP-1 for filing the present complaint qua OP-1, hence, the application for deletion stands allowed. OP-1 is deleted from the array of parties. 

Order be uploaded on www.confonet.nic.in.

Announced in open Commission on   12.11.2024.

          (SANJAY KUMAR)              (NIPUR CHANDNA)             (RAJESH)

           PRESIDENT                                   MEMBER                     MEMBER