PRIVATE HEALTH PLAN Vs. ARCHYA KUSUM DUTTA GUPTA

JUDGEMENT

(1.) This appeal is directed against the order dated 25.4.95 passed by the District Forum, Calcutta in C. D. F. Case No.2583/94.

(2.) By the said impugned order the learned District Forum, Calcutta ordered to pay Rs.594/- being the settled amount of insurance claim alongwith a compensation of Rs.1,000/- to the appellant within one month, in default to take penal action against the appellant.

(3.) Having heard the learned Counsel of both the parties and upon perusal of the materials on record, we are of opinion that reimbursement of the insurance claim by the appellant was made conditional with the payment of subscription of Rs.3,683/- for renewal of the membership of the complainant for the subsequent period and as the complainant/respondent did not pay the said sum of Rs.3,683/- towards the subscription for renewal of his membership his claim amount was not reimbursed by the appellant. The contention of the appellant that the Insurance Company is not being made party to the proceeding is also baseless because the Insurance Company had already paid the settled sum of Rs.594/- to the appellant for reimbursement of the same to the respondent but the appellants are withholding the same, so there is no deficiency in service on the part of the Insurance Company and the complainant/respondent has no claim against the Insurance Company.