Heard counsel on behalf of appellant. None appears on behalf of respondent.

         2. This appeal has been filed U/S-15 of Consumer protection Act 1986(Herein after called the Act) against impugned order passed by Learned District C.D.R, Commission, Khordha, Bhubaneswar. The parties are referred in complaint case may be read as same in this appeal for convenience.

  3.    The case of the complainant in nut-shell is that the mother of the Complainant has purchased medi claim policy for sum assured of Rs. 50.000/- from O.P for herself, her son and the complainant bearing Policy No. 4855100007120 covering period from 31-03-2001 to 30-03-2002. It is alleged inter-alia that the complainant suffered from fever and took admission in the Appollo Hospital, Hyderabad on 01-08-2001 and discharged on 08-08-2001. She made claim but O.P sought for clarification in making the claim. Then it was repudiated. Challenging the same complaint was filed.

4.          The O.P filed written version stating that the complaint was filed in 105 days delay for which the claim was repudiated according to terms & conditions of the policy.

5.   After hearing both parties Learned District forum has passed following orders as follows:

        “The complaint is allowed on contest against the OP and the repudiation of the claim under the policy is held to be unjustified. The O.P is hereby directed to reimburse the claim of Rs. 50,000/- made under the policy. The compensation for mental agony is assessed at Rs. 5000/- and litigation cost is assessed at Rs. 2000/-The  aforesaid sum of Rs. 57,000/- be paid to the complainant by the O.P within one month from the date of communication of this order, failing which the OP shall pay interest at the rate of 9% per annum over the said amount of Rs. 57,000/- till the date of payment. 

6.       Learned counsel on behalf of complainant submitted that he is ready to pay sum assured but the compensation and cost amount has been awarded. So he submitted to set aside the impugned order of the compensation and cost awarded.

7.    Considered the submission, DFR and Impugned order.

8.     We have gone through the material on record. Learned District Forum appropriately judged the case. We are not interfering with the award because reimbursement of Rs.50,000/- has not been paid. When    the payment has not been made, there is deficiency in service of O.P proved, then it  is justifiable for payment of compensation of Rs. 50,000/- to the complainant within period of 45 days from the date of order. Therefore we do not find any merit in this appeal. Hence, the appeal is dismissed accordingly No cost.

  9.    Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          DFR be sent back forthwith.