DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 278/2022
Date of Filing Date of Admission Date of Disposal
06.09.2022 12.09.2022 21.12.2023
Complainant/s:- | Subhas Chandra Guria, S/o. Late Gosta Behari Guria, C/0. L.K. Biswas, 201/1, B.B Ghosh Lane,Monirampur, P.O.and P.S Barrackpore, Dist- North24 Parganas, Kol-700120. -Vs- |
Opposite Party/s:- | 1.To The Managing Director, Aditya Birla Health Insurance Co. Ltd, 10th Floor, R-Tech Park, next toHB Mall off, West Express Highway, Goregaon East, Mumbai-400063, P.S. Gokuldham 2.Aditya Birla Heath Insurance Co. Ltd, 7A/1, 7th floor, Intellection, 232, Chittaranjan Avenue, Kolkata-700006, P. S Bortala, P.O. Beadon Street. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint under section 35 of the C.P. Act, 2019 against the aforesaid O.Ps praying for direction to the Insurance Co. to pay medical expenses including the compensation amounting to Rs. 80,000/-. He alleged that he has purchased one mediclaim policy namely Aditya Birla Health Insurance Co. Ltd (mediclaim on 20.08.2019 for two years. After expiry of aforesaid two months they renewed the said policy for another two years without his consent and they deducted the amount from the credit card account of the complainant. After receiving the e-mail complainant requested them and mailed that he is unable to afford another two years renewal. They cancelled the said policy and made renewal for one year. Complainant had received his new policy through e-mail in the month of May 2022 complainant’s wife need operation. He contacted with ABC Customer Care through the
toll free number, and they verbally told that the complainant will not be eligible for particular case ABC representative over phone had told that he has left ABC. But the complainant will be eligible. Thereafter complainant made call with Mrs. Susmita, she looking after this case. She gave the phone to another person. He advised to call at customer care. Again he called with the customer care, then representative of customer care advised him to mail. The complainant gave copy of all documents including policy. He received mail that he is not eligible to get benefit his policy. Hence the complainant filed this case.
Notice was served to the O.P. Nos,. 1and 2 on 18.11.2022 and 21.11.2022. But they did not turn up before this commission nor filed W.V. Hence the case is running exparte against them.
Decision with Reasons
On 17.02.2023 was fixed for filing evidence by the complainant. But the complainant was absent without any step. Next date was fixed on 10.04.2023. On 10.04.2023 complainant was found absent. He was asked to file show cause as to why the case shall not be dismissed for default. Next the date was fixed on 31.05.2023. On 31.05.2023 complainant did not take any steps. Next date was fixed on 28.01.2023. On that date complainant not yet filed show cause nor took any steps. Next date was fixed on 04.12.2023. On 04.12.23 complainant was absent without steps. Hence the case record is fixed for passing final order.
On perusal of record we find that the complainant prayed for direction to the O.P. Nos.1 and 2 for payment of medical expenses along with compensation amounting to Rs. 80,000/-.
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C.C. No.278 /2022
To get the desire relief the complainant has to prove his case by sufficient documents and evidence.
In the present case complainant filed some documents at the time of filing of this case. We did not get any chance to compare those documents with the original documents because the complainant not yet turn up along with original documents. Moreover complainant did not file any evidence in the form of affidavit –in –chief in support of his case coroborating the allegation which he mentioned in the petition of complaint. Accordingly, we find that complainant has failed to establish his grievance by sufficient documents and evidence.
In the result the present case fails.
Hence
it is ordered,
that the present case is dismissed exparte without any order as to cost.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
