In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 39 / 2007 1) Sri Goutam Saha, 112-P, Sarat Ghosh Garden Road, Kolkata-700031. ---------- Complainant ---Verses---
1) United India Insurance Co. Ltd., 24, White Road, Chennai-600014. 2) The Sr. Divisional Manager, United India Insurance Co. Ltd., Division Office-VIII, 2, Gariahat Road, Kolkata-700068. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattachatya, Member Order No. 2 7 Dated 2 5 / 0 1 / 2 0 1 0 . Sri Goutam Saha, the complainant on 6.2.07 by filing a petition of complaint u/s 12 of the C.P. Act has prayed for directing the o.ps. to make payment of the claim of Rs.10,000/- and compensation of Rs.1 lakh and any other order as the Forum may deem fit and proper. Fact of the case in short is that the petitioner on payment of requisite premium became a mediclaim policy holder no.04170/48/03/01515 under the o.p. United India Insurance Co. Ltd. He suffered from acute pain and made contact with the doctor of Ayurveda Kendra at New Delhi and was under the treatment of Dr. (Mrs.) Sudha Asokan and under the advice of the doctor he was admitted to New Delhi Ayurveda Kendra on 11.7.04 and was discharged on 13.7.04. He informed the o.p. on 30.9.05 that he did not receive FHP Card and requested the o.p to send the said card as early as possible as already one and half years have been elapsed. He submitted his claim on 10.8.04 and on 30.9.05 o.p. no.1 informed the complainant at his Gurgaon address that the claim is not payable on the ground that hospitalization of the complainant was not warranted for. But the complainant informed that not out of his own but on the advice of the doctor he was hospitalized. But as the o.p. arbitrarily and without any just cause and reason refused to make any payment, the complainant on service of lawyer’s notice upon the o.p. has filed this case. O.p. has contested this case by filing a w/v on 16.7.09 challenging the maintainability of the case on its territorial jurisdiction. In paragraph 2 of the written statement o.p. has stated that they issued letters at the changed address of the petitioner at 112/P, Sarat Ghosh Garden Road, Kolkata-31. The petitioner accordingly filed this case impleading Delhi office and Kolkata office. The petitioner impleaded Kolkata office unnecessarily although there was ample scope to implead Kolkata office as o.p. and they have prayed for dismissal of the case. It appears on perusal of the record vide order no.6 dt.19.7.07 wherein petitioner has impleaded o.p. no.3 in their local address at 2, Gariahat Road (S), Kolkata-68, P.S. Gariahat and Sr. Divisional Manager, United Insurance Co. Ltd., Division Office no.VIII, 2, Gariahat Road (S), Kolkata-68. In view of this position it cannot be said that the present case is not maintainable on the ground of territorial jurisdiction. We have perused annex-A regarding the hospitalization benefit policy of the insured Goutam Saha and we have also noted the contents of the letter of the o.p. from New Delhi dt.28.5.04 wherein they have stated some procedure to be followed by the complainant for availing the cashless facility for hospitalization, annex-A-II. It appears from discharge summary, annex-B of Ayurveda Kendra, New Delhi where the complainant was under the treatment of Dr. (Mrs) K. Sudha Asokan and Dr. (MS) Projna Shettigar for his acute right periarthritis. Annex-C is regarding medical bill against the mediclaim policy of the complainant. It appears from annex-C that he was admitted in the Ayurveda Kendra at New Delhi wherein the address of the complainant is of Kolkata. We have also perused the lawyer’s letter, annex-D wherein it has been stated that the complainant has prayed for reimbursement of expenses incurred for his treatment out of his mediclaim. It also appears from annex-E wherein the complainant has requested to Mrs. Girija Family Health Plan, United India Insurance Co. of Delhi-I that correspondence should be made in his Kolkata address at 112/P, Sarat Ghosh Garden Road, Kolkata-31. In view of this position also it can be said with a reasonable certainty that the claim of the complainant cannot be defeated only on the ground of territorial jurisdiction. We have also perused the evidence on affidavit of the complainant wherein he has stated all about the facts and also mentioning therein that he shifted his residence from New Delhi to Kolkata and he has also informed the matter to the o.ps. In his BNA he has stated that he submitted the claim for the recovery of amount for medical expenses and it was whimsically repudiated by o.p. On the other hand, o.p. has neither filed any evidence oral or documentary whatsoever. They have filed only BNA wherein they have admitted the mediclaim policy issued by the o.p. in favour of the complainant and they have denied the claim of the complainant on the ground that the complainant has failed to annex the policy before the forum and the complainant has failed to prove deficiency of service on the part of the o.p. We have also mentioned earlier that the case cannot be held for non maintainability on the ground of territorial jurisdiction. We are of the opinion that the documents are corroborative in nature with the pleadings and accordingly complainant is entitled to get the relief as prayed for. Hence, Ordered, That the petition of complaint is allowed on contest. The o.ps. are directed to make payment of Rs.10,000/- (Rupees ten thousand) only to the complainant as his mediclaim along with 12% interest till full realization. The complainant do also get an award of Rs.5000/- (Rupees five thousand) only as compensation and Rs.2000/- (Rupees two thousand) only as litigation cost. The o.ps. are directed to make payment of the said amount of money along with the interest on 12% p.a. till full realization within 45 days from the date of communication of this order, failing which it will carry further interest @10% p.a. till full realization. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. ____Sd-______ ______Sd-______ MEMBER PRESIDENT | 
