Mr. Justice J.N. Sarma, President—This is an appeal against the judgment and order dated 17.10.1997 passed by the District Consumers Dispute Redressal Forum, Nagaon in CP Case No. 16/97 ordering payment of Rs. 21,545/- with 18% interest with effect from 17.3.1996.

2. The brief facts are that the complainant before the District Forum on 10.1.1995 alongwith his wife and daughter took mediclaim policies from the present appellant by paying premium and other charges amounting to Rs. 709/- for the period from 10.1.1995 to 9.1.1996. After some days he felt ailment and consulted Dr. S.R. More, a medical specialist at Haiborgaon, Nagaon. Dr. More advised him to go to Appolo Hospital, Madras for better investigation and treatment. Accordingly the complainant went to Appolo Hospital and got him treated there and certain investigations were done and operated for cholecystectomy (gall bladder operation). The report of discharge from Appolo Hospital inter alia states as follows :

“(i) A39-year-old male Dr. Manikkar admitted with complaints of upper abdominal pain on and off since 1 year.

(ii) History of pain confined to right hypochondrium with radiation to the back.

(iii) Detected t