This appeal is directed against the final order dated 25.10.2019 delivered by Ld. D.C.D.R.F., Siliguri in CC No. 41 of 2019. The fact of the case in nutshell is that the appellant S. Das registered a Consumer Complaint before the Ld. D.C.D.R.F., Siliguri to the affect that he purchased a Mediclaim Insurance Policy from Star Health and Allied Insurance Co. Ltd. by paying appropriate premium under the scheme Medi Classic Insurance Policy (individual). His wife went on clinical surgery on Apollo Hospital, Chennai to remove the physical deformity and claimed the reimbursement for the expenditures he has incurred for the medical treatment and surgery of his wife which was repudiated on the part of the Insurance Company. So, he raised Consumer Complaint. Ld. Forum at the time of hearing over the admission point of the Consumer Complaint has rejected it by citing some defects and non-explanation to the points raised by the Ld. Forum. Being aggrieved with this order this appeal follows on the ground that the observation of Ld. Forum was irregular and unauthorized in law and the impugned order delivered by the Ld. Forum should be set aside with a direction to the Forum to adjudicate the Consumer Dispute within the provisions of Consumer Protection Act, 1986. The appeal registered in due course and the respondent Star Health and Allied Insurance Co. Ltd. has contested the appeal through Ld. Advocate. The appeal was heard in presence of Ld. Advocate of both sides.

Decision with reasons

Having heard, the Ld. Advocate of both sides it comes to our knowledge that the main dispute relates to the cashless facilities and conditional clauses of the Insurance Policy and Ld. Forum without giving the complainant opportunity to tender his evidences in support of this Consumer Complaint has deprived the complainant to focus his case in a rightful manner. Ld. Advocate of the Opposite Party Mr. N.K. Singh at the time of his turn mentioned that the contents of the Consumer Complaint was full of inadequacy and for that reason it was to be treated bad in law and for that reason it was demolished in the nip of the bud. It is further revealed from the final order of the Ld. Forum that Ld. Forum was not satisfied over the territorial jurisdiction of the dispute as because the Office of the O.P. was situated at Sevoke Road, Siliguri and under P.S. Siliguri but was not confirmed whether it was located within the jurisdiction of Siliguri, D.C.D.R.F., or not and for that reason the complaint was dismissed for want of territorial jurisdiction also at the time of admission stage.

We know very well that the Consumer Protection Act, 1986 was enacted with an object to provide the reliefs to the persons who has paid the charges to the services, they wanted to avail and if there is any deficiency of service on the part of the service givers the Consumer Protection Act, protects the interest of such types of service takers or Consumers. The interpretation of the Consumer Protection Act, should be construed in liberal manner and hyper technical approach always to be removed from the mindset of the redressal agency. So, the considered view of this Commission is that Ld. Forum had the ample opportunity to admit the Consumer Complaint and to proceed further with the case as per provisions of law by giving full opportunity to both parties to highlight their cases and to solve the dispute in a judicious manner which is very urgent need on the part of redressal agency. So, in our view, the order of Ld. Forum challenged in appeal appears to be miscarriage of justice and such order should be interfered in the appeal.

Hence, it is ordered

That the appeal be and the same is hereby allowed on contest without any cost. The impugned order dated 25.10.2019 delivered by the Ld. D.C.D.R.F., Siliguri in CC. No. 47 of 2019 is hereby set aside. The Consumer Complaint filed by the complainant Mr. S. Das against Star Health and Allied Insurance Co. Ltd. is hereby admitted. The Opposite Party Insurance Company has already contested the appeal and they are well informed about the order of the Ld. Forum and for that reason they are at liberty to contest the Consumer Complaint by filing the Written Version within 45 days from this day and Ld. Forum shall take appropriate steps to conclude the instant Consumer Dispute within the umbrella of Consumer Protection Act, 1986. Both parties are asked to appear before the Ld. Forum on 05.05.2021 for further order of the Ld. Forum.

Let a copy of this order be handed over to the parties of appeal free of cost and the order of this Commission to be communicated to the Ld. Forum through email.