BIHARI LAL SINGHANIA Vs. BRANCH MANAGER

JUDGEMENT

(1.) Review Application No. 274/2016 has been filed by the petitioner in RP No. 1414/2015, seeking review of the order passed by this Commission on 2 09. 2016. The said application was considered in chamber and it was decided to issue notice to both the parties for hearing the matter again.

(2.) Vide order dated 21. 09. 2016, RP No. 1414/2015 filed by the complainant/petitioner/review applicant Dr. Bihari Lal Singhania against the order dated 26. 0 2015, passed by the Bihar State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in appeal No. 112/2014, was dismissed and the order passed by the State Commission, dismissing the consumer complaint, was upheld.

(3.) The main issue involved in the case is whether during surgery performed on the complainant, his gall bladder was extracted with stones, or no stones were found in the gall bladder at the time of surgery. The case of the Opposite Party (OP) Insurance Company is that when the gall bladder is extracted with stones, within two years of obtaining the insurance policy in question, the claim of medical expenses is not payable. It was held in the order under review dated 21. 09. 2016 that during surgery, the gall bladder was removed with stones and hence, the claim was not payable by the Insurance Company.