SAHARA INDIA Vs. SUDAMA PRASAD CHATURVEDI

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner under Section 21(b) of the Consumer protection Act, 1986 against the Impugned Order passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'), Jaipur, Rajasthan in First Appeal No. 378/2011 whereby the State Commission dismissed the Appeal. The Appeal was filed by the Respondent against the Order passed by the District Consumer Disputes Redressal Forum (in short, 'District Forum') in Consumer Complaint No. 5/06. The District Forum partly allowed the Complaint.

(2.) The Complainant, Sudama Chaturvedi, was a member of the Sahara Silver Year Benefit Scheme, by investing a sum of Rs.27,000/-, with the OPs. The Sahara Swaran and Rajat Yojna Scheme were launched by Sahara India Commercial Corporation Limited (the petitioners/OP), which provided various benefits to the subscribers. The company had taken a Group Insurance Policy for the benefit of its subscribers which could be availed by the subscribers at their discretion. The complainant suffered acute chest pain on 29.1.2005, took treatment at Siddhartha Hospital at Bhavani Mandi, and on 2.2.2005, at S.M.S. Hospital, Jaipur, thereafter, on 26.2.2005, Coronary Artery Bypass Surgery (CABG) was performed for him at Escorts Heart Institute at New Delhi. The complainant submitted a reimbursement claim for Rs.2,12,482/- towards critical illness cover from the OP, along with the bills of the expenses incurred. The OP denied the claim; hence the complainant filed a complaint before the District Forum.

(3.) The District Forum dismissed the complaint observing that, the Complainant was not a consumer, as the service was provided free of cost to the Complainant and secondly, that the critical illness cover was provided only for a period of one year and there is nothing on record to show that the same was valid for a period of 10 years.