This revision is directed against the order dated 29/10/2018 passed by Ld. D.C.D.R.F, Siliguri in reference to CC/84/S/2018. The fact of the case in nutshell is that one Rajesh Das registered consumer complaint against Branch Manager and chairman of Star Health and Allied Insurance Co. claiming medical expenses and ors. relieves for repudiation at claims on the part of the insurer Star Health and Allied Insurance Co. Ltd. After registration of the consumer complaint case it was admitted on its own merit and the Ops to this case was served due notice. The Ops in spite of notice could not file the W.V within statutory period of 45 days and for that reason, Ld. Forum was compelled to fix the case for ex parte hearing against OP no. 1 and 2. The said OP no. 1 and 2 as revisionists approached this Commission by this revision with prayer to set aside the order of Ld. Forum so that they can contest the case by filing the W.V. The revisional application was registered before this Commission and it was admitted in due course and notice was issued against the respondent Rajesh Das who happens to be the consumer complainant of the instant case. In spite of receiving the notice of revision on 05/08/2019 the O.P. did not appear before this Commission by himself or through legal representative to contest the revision. Accordingly, the revision was heard in presence of Ld. Advocate of the revisionist today.

Decision with reasons

            The fact remains that the respondent Rajesh Das has obtained a Health Insurance Policy from the revisionist Co. by making payment of Premium regularly. Thereafter, his wife Ms. Pompi Das was fallen sick and she was medically treated by incurring huge expenses from their own purse and put the claim for such expenses before the Insurance Co. for reimbursement. The insurance claim was not entertained by the Insurance Co/revisionist and did not provide the due service as an insurer to insured. So, on account of deficiency of service this consumer complaint was registered. The revisionist as OP to that consumer complaint case in spite of receiving the notice through post did not file the W.V in due time and in consequence Ld. Forum rightly placed the case for ex-parte hearing against the revisionist. Now the revisionist by this revision mentioned that the revisionist Co. had appeared before the Ld. Forum on 14/09/2018 and prayed for time for written version. Thereafter, two to three days were provided for revisionist for filing the W.V and in the meantime, the father of the Ld. Advocate of the revisionst was expired on 08/10/2018 and for that reason, Ld. Advocate could not prepare and submit the W.V in due time before the Ld. Forum and for which the case was placed for hearing ex parte against the revisionist where the revisionist were nothing to do in this score as because they were highly relied upon to the Ld. Advocate who was entrusted to file the W.V in due time. In such a position, the revisionist now prays before the Commission to pass an appropriate order so that the revisionist can get an opportunity to contest the consumer complaint by filing the W.V. During the course of argument of revision, Ld. Advocate of the revisionist further submits that the instant consumer complaint case is still pending in hearing stage and there is an opportunity to allow the revisionist to contest the said case. After considering this position this Commission thinks it fit to allow the revision so that the revisionist can contest the consumer complaint case by filing the W.V and to contest the said case, So that Ld. forum can settle the consumer dispute after giving opportunity of both sides of hearing before passing the final verdict.

            Accordingly, the revision petition should be allowed on merit.

Hence it is ordered: -

            That the instant revision is allowed on merit with imposing cost of Rs. 2,000/- upon the revisionist as condition precedent for setting aside the order of Ld. Forum. The order of Ld. Forum dated 29/10/2018 is to be set aside if the revisionists pay Rs. 2,000/- jointly as cost to the consumer complainant before the Ld. Forum on next day. The revisionist is asked to appear before the Ld. Forum on next date of the consumer complaint case already fixes and pay the cost amount to the consumer complainant. Ld. Forum after satisfying the said payment of cost as imposed by this Commission shall give an opportunity to file the W.V on the part of the revisionist within a short span of time and to dispose of the consumer complaint as soon as practicable.

            Let a copy of the order be supplied to the parties free of cost and the same be communicated to the Ld. Concerned Forum through e-mail.