BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
BANGALORE (ADDL. BENCH)
DATED THIS THE 13th DAY OF JULY 2023
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL NO. 290/2023
Mrs. Rita.M.Mascarenhas, W/o Melwin D’ Souza, Aged about 51 years, R/at Padil House, Puttur Kasaba Village, Puttur Taluk – 574 201, D.K. District. (By Sri Krishna Moorthy) | ……Appellant/s |
V/s
Medical Officer, ESI Corporation, Bolwar, Puttur 574 201. | ..…Respondent/s |
ORDER ON ADMISSION
MR. RAVISHANKAR, JUDICIAL MEMBER
1. The appellant/complainant has preferred this appeal being aggrieved by the Order dt.06.01.2023 passed in CC.No.195/2020 on the file of District Consumer Disputes Redressal Commission, Madikeri.
2. The appellant/complainant submits that he had filed a complaint against the Opposite Party alleging deficiency in service and prayed for a direction to pay medical expenses amounting to Rs.41,209/- since he is an employee of Victor English Higher Primary School, Puttur and become a member of the O.P’s Medical Insurance as per ID.No.5342313151. After admission of the complaint, the District Commission issued a notice to the Opposite Party wherein the Opposite Party had taken a contention that they are not necessary party to the proceedings and they are only an advisory at Puttur which is not attached to the ESI corporation owned by Government of Karnataka and they are not liable to pay an amount claimed by the complainant and prayed for dismissal of the complaint. The District Commission after trial had dismissed the complaint holding that the complainant has not made necessary party in the complaint and the present Opposite Party is not a necessary party, hence, dismissed the complaint. Infact the complainant is an employee of St. Victor’s English Higher Primary School, Puttur and he became a member of the Opposite Party’s Medical Insurance vide I.D.No.5342313151. When such being the case, her daughter hospitalized with an history of labial cyst on 04.03.2019 and discharged on 16.03.2019. The complainant spent Rs.41,209/- towards treatment. After treatment, the complainant submitted required documents to the Opposite Party for reimbursement. But, instead of settling the claim, the Opposite Party simply issued a reply without any demur. Aggrieved by the said, the complainant approached the District Commission for reimbursement of the medical expenses, but, the District Commission had not provided an opportunity to bring the necessary parties and without considering the said plea dismissed the complaint. Hence, the Order passed by the District Commission is not in accordance with Law and prayed to set aside the Order passed by the District Commission.
4. Heard advocate for appellant on admission.
5. On perusal of the memorandum of appeal, certified copy of the order and documents produced before the District Commission, we noticed that the appellant made a respondent as the necessary party and claimed for reimbursement of the amount towards medical expenses. After appearance, the respondent has specifically taken a contention that they are not a necessary party to the proceedings and they have not connected/attached with the ESI Corporation owned by the Central Government of India whereas the appellant without any valid reasons brought this respondent as a party before the District Commission. Basing on the said, the District Commission dismissed the complaint as the respondent is not a necessary party. We noticed in the memorandum of appeal that the appellant has narrated that the District Commission has not provided an opportunity to bring the necessary party to the proceedings and the complaint is dismissed technically and prayed to set aside the Order passed by the District Commission. We found that the appellant has not made any efforts to bring the necessary party before the District Commission. He had chosen to file affidavit and claimed by producing necessary documents and claimed for reimbursement. Merely making an affidavit and claimed for reimbursement against the wrong party is not acceptable. The complainant has not made any attempts to bring necessary party before the District Commission. The District Commission rightly dismissed the complaint as the claim against the respondent is not maintainable. We do not find any merits in the appeal filed by the complainant. No interference is required. Hence, the following;
ORDER
The appeal is dismissed with a liberty to file a fresh complaint for reimbursement of the medical expenses against the proper parties.
Forward free copies to both parties.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
