NATIONAL INSURANCE COMPANY LTD Vs. HIRALAL GIRDHARILAL CHAUDHARY

JUDGEMENT

(1.) The present Revision Petition, under Section 21(1)(b) of the Consumer Protection Act, 1986 has been filed by the Petitioner against the order dated 06.08.2015 of the Gujarat State Consumer Disputes Redressal Commission (hereinafter referred to as the "State Commission") in Appeal No. 778/2011 dated 6.8.2015.

(2.) Along with the Revision Petition, IA/8225/2015, an application for condonation of delay has also been filed by the Petitioner. The Registry of this Commission has calculated the delay of 8 days. As per the

(3.) The case of the Complainant is that he had taken a Hospitalization Benefit Policy No.301101/48/09/8500000148 in the year 2004 which was renewed from time to time. During the Policy period from 10.5.2009 to 9.5.2010, the Complainant had trouble of gas and underwent treatment at the Asian Surgical Hospital of Dr. Mahendra Narvariya, for which he incurred an amount of Rs.3,45,817/-. On a claim filed by him, the Opposite Party paid Rs.69,545/-. Rest of the claim of the Complainant was rejected on the ground that cosmetic surgery was not covered under the Policy. Aggrieved by rejection of his claim, the Complainant filed a Complaint with the District Forum with the following prayer:-