KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL NO.985/2004JUDGMENT DATED: 7/9/09PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.K.ABDULLA SONA : MEMBER P.Sasikumar, : APPELLANT S/o P.Rugmini, “Sreedevi” Palachira, Vivekananda Nagar, Erattakulam, Elappully, Palakkad. (By Adv.Nair Ajayy Krishnan) Vs. The Divisional Manager, The Oriental Insurance Co.Ltd., Divisional Office, TSM Complex, V.H.Road, Palakkad. (By Adv.G.S.Kalkura) JUDGMENTJUSTICE SRI.K.R.UDAYABHANU : PRESIDENT Appellant is the complainant in OP.249/02 in the file of CDRF, Palakkad. The complaint stands dismissed. 2. The matter relates to the amounts claimed with respect to the medi claim policy issued by the opposite parties/respondents. A sum of Rs.8499/- was claimed for the treatment of the mother of the complainant. 3.The opposite party contended that the mother of the complainant was having pre-existing disease of the same nature and hence the policy was repudiated. 4. The Forum held on the basis of the contention of the counsel for the opposite party that the complainant had availed reimbursement for the medical expenses of his mother from his employer K.S.E.B. even prior to the issuance of the policy. 5. We find that the documents produced have not been marked or considered in the order of the Forum. In fact there is no specific finding. We find that the complainant is entitled to have a considered order in the matter. In the circumstance the order of the Forum is set aside. The matter is remitted back to the Forum. The Forum is directed to permit both sides to adduce evidence and dispose of the case by a considered order. 6. Office is directed to transmit the copy of this order as well as lower court records to the Forum urgently. The matter will stand posted before the Forum on 22.10.09 JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER SRI.M.K.ABDULLA SONA : MEMBER | 
