State Consumer Disputes Redressal Commission
Yash Priya Guar vs National Insurance Co. Ltd., on 3 February, 2009
IN THE STATE COMMISSION: DELHI IN THE STATE COMMISSION: DELHI (Constituted under section 9 clause (b) of the Consumer Protection Act, 1986) Date of decision: 03.02.2009 First Appeal No.2008/1085 (Arising from the order dated 21.01.2008 passed by District Forum(Central) Kashmere Gate, Delhi in Complaint Case No.584/2007 Mr. Yash Priya Guar, Appellant C-143, Millenium Apartments Rohini, Delhi. Versus 1, National Insurance Co. Ltd., Respondents 13/32, WEA Arya Samaj Road, Karol Bagh, New Delhi. 2. Alankit Health Care Ltd., Alankit House, 2E/21, Jhandewalan Extn., New Delhi. CORAM: Justice J.D. Kapoor, ... President Ms. Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D. Kapoor, President(ORAL)
1. Grievance of the appellant against the impugned order dated 21.01.2008 is with regard to the observation of the District Forum that the approved rate list signed by the authorised officer of the hospital shows maximum charges as Rs.2,000/- per day whereas it was Rs.3,000/- per day on the date of admission of the appellant in the hospital, which is supported by a document which was not taken into consideration by the District Forum at all. The said document produced before us is Annexure B and is as under:
EKANSH NURSING HOME 122-123, SHAHBAD DAULAT PUR, DELHI PHONE: 27293643 , 27898655 TARIFF W.E.F. 01.04.2007 ROOM RENT (PER DAY NURSING CARE (PER DAY) DOCTOR FEE (PER VISIT) SUIT 3000 500 500 DELUXE ROOM 2000 400 400 PVT. ROOM 1600 400 400 SEMI PVT. ROOM 1000 250 300 ECONOMY ROOM 800 200 200
2. As is apparent the room rent per day has been shown as Rs.3,000/- for suite and for deluxe room as Rs.2,000/-. The District Forum has also not taken into consideration the cancellation of the empanelment vide letter dated 27.07.2006, which is as under:-
ALANKIT HEALT CARE LIMITD ALANKIT HOUSE 2E/21, JHANDEWALAN EXTN.
NEW DELLHI-110055 Registered A.D. Ref:AHCL/KC/06/0715 27th July 2006, The Medical Superintendent, Ekansh Nursing Home, 122-123, Shahbad, Daulat Pur, New Delhi-110042.
Subject: Cancellation of Empanelment.
Dear Sir, In view of our experience with you not being satisfactory, empanelment of your hospital for cashless facility is being hereby cancelled w.e.f. 01st August 2006.
Thanking you.
Yours faithfully Sd/-
For Alankit Health Care Limited Director
3. We have perused the impugned order closely and find that none of these documents have been considered or referred to by the District Forum and the District Forum has not confronted the respondent with the aforesaid documents. There is no need to issue notice of the appeal to the respondent. On this short ground alone, the appeal is allowed, impugned order is set aside and the matter is sent back to the District Forum for deciding it afresh on the basis of aforesaid documents.
4. The appellant shall appear before District Forum on 03.03.2009.
5. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
Announced today on 03rd day of February 2009.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member Tri