State Consumer Disputes Redressal Commission
Sanjivni Healthcare Scheme (Sanjivni ... vs Harjinder Kaur Wife Of Shri Avtar Singh on 23 April, 2010
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
S.C.O. NO. 3009-10, SECTOR 22-D, CHANDIGARH.
Misc. Application No.896 of 2010
In/and
First Appeal No.602 of 2010
Date of institution : 15.4.2010
Date of decision : 23.4.2010
Sanjivni Healthcare Scheme (Sanjivni Trust), SCO No.16, Sector 17-C,
Chandigarh through its Chief Executive Officer.
.......Appellant
Versus
1. Harjinder Kaur wife of Shri Avtar Singh, resident of Kothe Sobha Singh,
Ludhiana Road, Ward No.1, VPO Raikot, District Ludhiana.
2. Med Save Global Health Care Company Group, Med Save Health Care
Limited, (Regd. And Corporate Office), F-701-A, Ladey Sarai, Behind
Gold Ground, Delhi, through its Managing Director.
3. Med Save Global Health Care Company Group, Med Save Health Care
Limited, Branch Office: SCO No.121-22, Ist Floor, Sector 34-A,
Chandigarh through its Director.
4. The Raikot Cooperative Agricultural Service Society Limited, through its
Secretary (Concerned with Sanjivni Health Care Scheme/Sanjivni Trust),
Raikot, District Ludhiana.
5. Deep Hospital, 481, Model Town, Ludhiana through its proprietor Baidip
Singh.
6. Registrar Deputy Chairman, Cooperative Societies, Punjab, Chandigarh.
7. ICICI Lombard General Insurance Company Limited, Feroze Gandhi
Market, Ludhiana.
8. ICICI Lombard General Insurance Company Limited, Mumbai.
......Respondents
First Appeal against the order dated 4.8.2009 of the
District Consumer Disputes Redressal Forum,
Ludhiana.
Before :-
Hon'ble Mr. Justice S.N. Aggarwal President.
Mrs. Amarpreet Sharma, Member.
Present :-
For the appellants : Shri R.K. Sharma, Advocate. JUSTICE S.N. AGGARWAL, PRESIDENT:
This appeal was filed with the delay of 200 days. The appellants filed this application under Section 5 of the Limitation Act for condonation of delay in filing the appeal.First Appeal No.602 of 2010. 2
2. It was pleaded that the impugned order was passed by the District Consumer Disputes Redressal Forum, Ludhiana (in short "District Forum") on 4.8.2009. The appellants received the notice in the execution application. Hence it was prayed that the delay of 200 days in filing the appeal be condoned.
3. Record has been perused. Submissions have been considered.
4. The facts of the case are that Harjinder Kaur respondent had filed a complaint against the appellants and respondents No.2 to 8 for medi-claim. The appellants had also appeared through counsel and contested the said complaint.
3. Parties produced affidavits/documents in support of their respective versions.
4. Learned District Forum had passed the following operative order on 4.8.2009:-
"15. In aforesaid circumstances, we accordingly allow this complaint and pass the following directions to opposite parties No.1 to 3 & 5:-
(i) Complainant shall lodge claim of reimbursement with opposite party no.1 to 3, supported with necessary vouchers, documents, medical records, who shall then forward claim of the complainant, for settlement to ICICI Lombard General Insurance Co. Ltd. opposite parties No.7 & 8 and they shall settle claim of the complainant within 60 days of receipt of claim papers from the complainant.
(ii) Complainant would also be entitled for compensation, as was entitled for cashless treatment from Deep Nursing Home, which was recognized hospital of opposite party No.1, but they wrongly denied cashless treatment, forcing complainant, to pay the amount of treatment to the hospital and for such deficiency in service on their part, by not allowing cashless treatment to the complainant, opposite party No.1 & 2 First Appeal No.602 of 2010. 3 ordered to pay compensation of Rs.5,000/- to the complainant. Similarly, opposite party No.5 failed to convey to the complainant, lodging reimbursement claim with the opposite party, as was communicated to them by opposite party No.1, in their letter Ex.C20, by not intimating the complainant qua it, they would also be guilty of not rendering proper services to its own consumer. For such default, they are also ordered to pay Rs.5,000/- to the complainant.
Opposite parties No.1, 2 & 5 also ordered to pay litigation costs of Rs.1,000/- each to the complainant.
Order be complied within 30 days of receipt of copy of this order which be provided to the parties free of charge. File be consigned to record room."
5. So far as the appellants are concerned, the only direction given to them is to forward the claim of Harjinder Kaur respondent for settlement to ICICI Lombard General Insurance Company (respondents No.7 & 8) who were further directed to settle the claim of Harjinder Kaur respondent. In other words, the appellants were merely to forward the claim of respondent No.1 to respondents No.7 and 8 for due consideration.
6. The submission of the leaned counsel for the appellants was that even when mere declaration was passed against the appellants, Harjinder Kaur respondent has filed the execution application impleading the appellants as one of the judgment debtors.
7. The appellants can take this plea before the executing court that no relief has been granted against them except for the direction to forward the claim of Harjinder Kaur respondent to respondents No.7 and 8 for settlement.
8. If the appellants were aggrieved against this order, they should have filed the appeal in time.
First Appeal No.602 of 2010. 4
9. The delay in filing the appeal has not been properly explained. Therefore this application for condonation of delay of 200 days in filing the appeal is dismissed.
Main Case:
10. Since the application for condonation of delay has been dismissed, this appeal is also dismissed as barred by limitation.
11. The arguments were heard in this case on 21.4.2010 and the order was reserved. Now, the order be communicated to the parties.
(JUSTICE S.N. AGGARWAL)
PRESIDENT
April 23, 2010 (MRS. AMARPREET SHARMA)
Bansal MEMBER