(1.) Present appeal is directed against the order dated 5.4.2013, of the learned District Consumer Disputes Redressal Forum, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed by respondent -Vinod Kumar Gupta against the appellant, has been allowed and a direction given to the appellant to pay a sum of Rs. 41,668 on account of indemnification for medical expenses and also to pay Rs. 3,000 as compensation and Rs. 2,500 as litigation expenses.
(2.) Respondent purchased a policy from the appellant known as "Reliance Wealth + Health Plan" in the sum of Rs. 1.00 lac, on 15.4.2008. Policy was to remain operative for a period of ten years. On 25.3.2010, respondent allegedly developed some problem in the kidney and was admitted at Kidney Centre, Chandigarh, where he was diagnosed with Urinal Bladder Tumor and was subjected to emergency surgery. He was discharged on the next following day. He claimed to have spent Rs. 41,668 on his hospitalization/treatment. Claim was lodged with the opposite party, but nothing was paid. Therefore, a complaint was filed before the learned District Forum, which was disposed of on 6.9.2012 with a direction to the appellant to dispose of the claim within fifteen days. After the passing of the said order, appellant repudiated the claim. Respondent then filed a second complaint alleging that the repudiation of his claim was illegal.
(3.) Notice of the complaint was given to the appellant, but nobody put in appearance on his behalf. So, appellant was proceeded ex parte. Respondent tendered in evidence his affidavit and relying upon the same, complaint has been allowed by the learned District Forum.