IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 22nd day of December, 2023
Present: Sri. Manulal V.S. President
Smt.Bindhu.R , Member
Sri. K.M. Anto, Member
C C No. 253/2023 (Filed on 05//08/2023)
Complainant : Soni Chacko,
Mankuzhiyil House,
Mukkali, Palampara,
Kanjirappally,
Kottayam – 686 518.
(By Adv: Siby Mathew)
Vs.
Opposite party : Star Health & Allied Insurance Company Ltd.,
Zonal office,
Third Floor, Vee Pee Space,
Civil Station P.O,
Eranhipalam,
Calicut – 673 020,
Represented by the Manager.
(By Adv: Avaneesh V.N)
O R D E R
Sri. Manulal V.S. President
This complaint was filed under Section 35 of the Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.
This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party. After admitting the complaint notice was issued to the opposite party. Upon receipt of notice from this Commission opposite party appeared before the Commission and filed version.
The case of the complainant is that he had availed an insurance policy from the opposite party for the period from 2-01-2023 to 1-01-2024. On 2-06-2023 the complainant felt chest pain and got admitted in the hospital and discharged from the hospital on 8-06-2023. The complainant had spent Rs.2,53,186/- for his treatment at hospital. The claim lodged by the complainant rejected by the opposite party on the ground that the ailment of the complainant is a pre-existing disease. Hence alleging deficiency in service on the part of the opposite party complainant approached this Commission for redressing his grievance.
The complainant has not filed any affidavit or documents. It is found that though the complainant has raised allegations against the opposite party, he has not adduced any evidence by way of affidavit or documents to substantiate his case against the opposite party, despite giving sufficient opportunities. As the complainant was continuously absent, notice was issued from this Commission to the complainant to appear before this Commission on 5-12-2023.The notice was returned as addressee left India. As the complainant has not filed an affidavit or documents to substantiate his allegations, we find that the complainant miserably failed to establish his case against the opposite party. In the above circumstances, we find that this is a fit case to be dismissed.
In the result, the complaint is dismissed.
Pronounced in the Open Commission on this the 22nd day of December, 2023
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
Sri.K.M.Anto, Member Sd/-
By Order,
Sd/-
Assistant Registrar
