Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by Sukhraj Singh son of Late Mohinder Singh and others complainants against opposite parties i.e. Medsave Health Care Ltd. through its authorized representative etc. seeking direction against the opposite parties for settlement of their medical claim alongwith interest and also for monetary compensation on account of deficiency in service on the part of opposite parties. 2. In nutshell facts in the complaint are that complainants are legal heirs of Mohinder Singh (since deceased ) who had taken Sanjivini Health Care Scheme Policy bearing No. 4016/0000968 valid upto 30/3/2007. He was also issued health card No. 860 1090 01 62278A to avail of free medical facility known as cashless facility. It is further averred that Sukhraj Singh has gone abroad for business purpose and his attorney is pursuing this complaint.. Unfortunately father of the complainant fell ill and he was admitted in Joshi hospital, Jalandhar on 24/7/2006 and intimation of which was also sent to the opposite parties for extending cashless facility to their father in respect of medical treatment,. Even doctor of the said hospital made request through pre-authorization form to issue instructions to the said hospital to do the cashless facility to the father of the complainants. The opposite parties wrongly and illegally rejected the cashless facility vide letter dated 8/8/2006. It is also averred that complainants spent huge amount on treatment of their father Mohinder Singh but he could not survive. Since opposite parties failed to provide cashless facility for medical treatment of their father well in time, therefore, it amounts to deficiency in service on the part of opposite parties against which complainants are entitled to the reliefs claimed. 3. Opposite parties failed to appear despite sending registered notices to them nor AD was received within one month and were presumpted to be served. As such opposite parties were proceeded exparte. 4. Complainants led exparte evidence by tendering affidavits Ex.CA and CB alongwith documents Ex.C1 to C41. 5. We have heard arguments of learned counsel for complainant and perused documents on the record. Counsel for complainant, no doubt, urged that impunged repudiation vide letter Ex.C5 dated 8/8/2006 in respect of cashless facility for treatment of Mohinder Singh in Joshi hospital at Jalandhar amounts to deficiency in service which is contrary to the conditions of Medsave Health Care Scheme and that Mohinder Singh deceased was covered under the cashless facility for the purpose of medical treatment in the hospital. Complainant has also produced photocopy of guide book Mohinder Singh alongwith list of members of Hothian Co-operative Multipurpose Society and copy of draft dated 7/1/2006. It is evident that opposite party i.e. Medsave Health Care, New Delhi has been running their business through its branches spread in different places including Chandigarh having its head office at New Delhi and both have been impleaded as parties. It is mentioned in para-8 of the complaint that since medical facility was taken by father of the complainants (deceased) who was residing at village Bhullar Bet, District Kapurthala, so this Forum has got jurisdiction to entertain and try this complaint. The perusal of form Ex.C3 of Sanjivni Health Scheme, it appears that same was executed between Joshi hospital and also Medsave Health Care Ltd. at Jalandhar duly thumb marked by Mohinder Singh beneficiary and card was also issued to him vide Ex.C2 by the opposite party having its branch offices at Jalandhar, Patiala and Ferozepur. The rejection of claim was also intimated by opposite party to Joshi hospital & Arauma Centre, Jalandhar vide Ex.C5. Therefore, from the perusal of documents, simply because the member of Hothian Cooperative Multipurpose Society got enrolled with the Medsave Health care Ltd. as per list produced for the purpose of providing cashless facility of medical treatment in different hospitals including the one at Jalandhar , it does not extend the territorial jurisdiction of Consumer Forum, Kapurthala under Section 11 (i) 11(ii) (a), (b) and (c) of Consumer Protection Act, 1986 because opposite parties i.e. Medsave Health Care Ltd. do not actually and voluntarily reside or carry their business nor have branch office nor any cause of action wholly or in part has arisen at Kapurthala nor there is anyhing on the record to indicate that any such contract was entered by Medsave Health Care with Hothian Co-operative Multipurpose Society at Kapurthala, so member of the said society claiming cashless facility for medical treatment at Joshi hospital & Trauma Centre Jalandhar does not imply that part of cause of action has arisen within territorial jurisdiction of Consumer Forum, Kapurthala. We are, therefore, of the opinion that this forum has no jurisdiction to try this complaint for want of territorial jurisdiction.. Complainants are, therefore, advised to seek remedy before proper Consumer Forum. It is, however, made clear that time spent in this bonefide litigation in this Forum shall not be counted for the purpose of limitation. In the ultimate analysis of aforesaid discussion, complaint is dismissed with no order as to costs. Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room. Announced : ( Gulshan Prashar ) ( A.K. Sharma ) 10.10.2008 Member President.
