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Judgment
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.
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. 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.
The complainant/respondent suffered from his illness during subsistence of the mediclaim scheme under the opposite parties/appellants and claimed reliefs for his medical expenses on account of his illness from the appellants who arbitrarily withheld the claim amount disbursed by the Insurance Company which is a deficiency on the part of the appellants.
IN the aforesaid premises, we hold that the order dated 25.4.95 passed by the District Forum, Calcutta in CDF Case No. 2583/94 is appropriate order and we are not inclined to interfere with it except to the extent that the 15% interest awarded by the learned C.D.F. will meet the ends of justice; so, the question of payment of compensation is not necessary. The appeal is accordingly amended to this extent. In fine, we dismiss the appeal and affirm the judgment of the District Forum, Calcutta. The appellant will comply the order of CDF, as modified above within 15 days from the date of this order.
THERE will be no order as to the cost. Appeal dismissed.