Present: Sh. Ashwani Kumar, Adv Counsel for the Complainant.
1. The instant complaint has been filed by the complainant, wherein alleged that the complainant had obtained a medical insurance policy from the OP on 30.06.2018 and thereafter, the complainant remained admitted in Dayanand Medical College and Hospital, Ludhiana, but during his treatment cashless treatment was not provided to the complainant and as such, the instant complaint filed for seeking a direction to the OP to pay a sum of Rs.4,00,000/- on account of medico claim and compensation including costs of litigation.
2. We have heard the learned counsel for the complainant on the point of admission of the complaint.
3. After going through the complaint, we find that the complainant has intentionally and willfully does not insert the para disclosing the territorial jurisdiction of the District Forum, this act of the complainant itself shows that the instant complaint has been filed by concealing the material facts in regard to territorial jurisdiction and as such, the act of the complainant by filing the instant complaint without disclosing the territorial jurisdiction is tantamount to a mischievous complaint.
4. We have also gone through the complaint and find that no cause of action accrued to the complainant at Jalandhar nor even iota of word has been incorporated in the complaint in regard to causing any cause of action at Jalandhar. Admittedly, as per the contents of the complaint, the complainant remained admitted in Dayanand Medical College and Hospital, Ludhiana and moreover, the OP has its office in Chennai and no branch office of the insurance company is alleged by the complainant at Jalandhar, if so, then we find that the instant mischievous complaint has been filed by the complainant just to get undue benefit from this Forum, which is not available from this District Forum and as such, the complaint of the complainant is ordered to be returned to the complainant, but subject to cost of Rs.1000/-, which is to be deposited in District Legal Aid Fund, Jalandhar. So, accordingly, Ahlmad is directed to return the complaint on compliance of the above direction and remaining papers be consigned to the Record Room. Copy of the order be sent to the complainant free of costs under the rules.
Dated Jyotsna Karnail Singh
14.08.2019 Member President