Heard learned counsel for both sides.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                      After going through the pleadings of both the parties it is  revealed that the complainant has purchased  a medicalim policy  from the OP for the period covering from  11.03.2011 till 10.03.2012. During currency of the policy the complainant was admitted in Ayush Hospital,Bhubaneswar  for cervical spondylosis  and remained there as in door patient from  15.06.2011 to  19.06.2011 and spent money for the said purpose. Since the medical expenses are  not paid, the complaint was filed.

4.            The  OP    filed written version stating that  the complainant has suppressed the material fact because he has been suffering from various diseases. Therefore, he is not entitled to any amount as claimed.  Therefore, they have no deficiency in service on their part.

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                              “Having regards to our above findings it is directed that the OP No.1 & 3 shall go for payment of Rs.1,47,110/- (Rupees one lakh forty seven thousands one hundred ten) only to the complainant towards full and final settlement of case mediclaim of the complainant within one month from the date of communication of this order.

          Delay in any manner shall carry Rs.100.00 per day.

            No order as to costs and compensation. “

6.            Learned counsel for the appellant  submitted  that this  appeal is  filed to enhance the payment of compensation because learned District Forum failed to understand the fact and circumstances of the case.  He submitted that since  during appeal Rs.1,47,110/- has already paid but said amount is not sufficient, he has filed the appeal. Therefore, he submits that he is entitled to Rs.2,76,000/-.

7.                   On the otherhand, learned counsel for the respondent submitted that  they have already paid the money as per the order of the learned District Forum and there lies no cause of action to file this appeal.

8.                      Considered the submission  of learned counsel for the parties, perused the DFR and impugned order.     

9.                   It is admitted fact that the complainant has awarded Rs.1,47,.110/- but he has spent Rs.2,76,000/- as alleged. The OP has not come in appeal challenging said amount but  OP has also not disclosed the materials on record   to  prove that he is  required to pay only this amount. Once the amount has already received by the learned counsel for the appellant and during course of appeal it appears that  the deficiency in service has been removed but there is delay in removing the  deficiency for which some cost should be paid by the respondent  to the appellant.

10.              Therefore, we are of the view that the OP  should  pay Rs.20,000/-   to the complainant towards cost. Thus, we modified the operative portion of the impugned order and   the complainant being entitled  to get Rs.20,000/- towards cost  which  would be payable  by the OP to the complainant within a period of 45 days from the date of this order.

                 The appeal is disposed of accordingly.

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

                     DFR be sent back forthwith.