BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 132 of 2017
Date of Institution: 3.3.2017
Date of Decision: 12.7.2017
Manish Kumar son of Sh. Jagdish Chander, resident of H.No. 1216/8, Durga Street, Islamabad, Amritsar (Mobile No. 9803856058)
Complainant
Versus
- MD India Healthcare Services (TPA) Pvt.Ltd. having its Regional office, D-38, Max-pro- Info Park, Indistrial Area, Phase I, Mohali, through its Manager, Senior Divisional Manager/Person Over All Incharge
- The Oriental Insurance Company, having its office at Quiet Office No. 15, Sector 35-A, Chandigarh 160035 through its Senior Divisional Manager/Person Over All Incharge
- A.P. Hospital, Ajit Nagar, Extn.Near Water Tank, Amritsar through its Director/Partner/Proprietor/Person Over All Incharge
Opposite Parties
Complaint under section 11 & 12 of the Consumer Protection Act, 1986
Present: For the Complainant : Sh.Munish Kohli, Advocate.
For the Opposite Parties No.1 & 2 : Sh.Neeraj Kumar,Advocate
For the Opposite Party No.3 : Ex-parte
Coram:
Sh.Anoop Sharma, Presiding Member
Ms.Rachna Arora,Member
Order dictated by:
Ms. Rachna Arora,Member
On 20.6.2017 Sh.Munish Kohli,Adv.counsel for the complainant has suffered a statement that complainant has received a sum of Rs. 31515/- as mediclaim amount during the pendency of the present complaint . But, however, complainant presses for cost and compensation as claimed vide instant complaint. In our considered opinion, complainant is entitled for compensation as well as litigation expenses because opposite party made the complainant to file the instant complaint and his grievance has been redressed after tendering documents on behalf of the complainant. Moreover, complainant had to engage a counsel for filing the complaint besides incurring expenses for counsel fee as well as expenses on lodging the complaint. When the grievance of the complainant were not met with, he had also suffered mental pain, harassment & inconvenience as well. However, complainant has made a request for grant of compensation to the tune of Rs. 20000/- vide instant complaint which in our opinion appear to be quite exorbitant and excessive. It is settled principle of law that compensation has to be granted in order to set off the loss occasioned by the complainant and no exorbitant or excessive compensation is to be granted to enrich a party at the cost of the other . In our considered opinion the grievance of the complainant shall be fully met with if he is granted compensation to the tune of Rs. 5000/- and we grant the same accordingly. Litigation expenses are assessed at Rs. 2000/-. Opposite parties No.1 & 2 are directed to make compliance of the order within 30 days of the receipt of copy of this order ; failing which, awarded amount shall carry interest @ 6% p.a. from the date of filing of the complaint until full and final recovery. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated: 12.7.2017
