Mr. S.P. Saberwal, Member—This appeal under Section 5 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) is directed against the order dated 22.2.1997 passed by West District Forum (Janakpuri Forum) in Complaint Case No. 356/199 in case entitled T.N. Kapoor v. New India Assurance Co. Ltd., whereby complaint filed by the appellant was held to be not maintainable and was accordingly dismissed.

2. The appellant had filed a complaint under Section 2 of the Act before the District Forum. It was stated that his brother Shri S.K. Kapoor had taken Mediclaim Insurance Policy vide Policy No. 4831170101994 w.e.f. 24.4.1993 to 23.4.1994 and the same was renewed w.e.f. 24.4.1994 to 23.4.1995. That the insured fell sick due to jaundice and was under treatment. It is further stated that insured again fell sick in April, 1999 and was got admitted in the Khera Hospital on 14.4.94 where he remained admitted till 20.5.1994 and on this date, he unfortunately expired. That the complainant had spent huge amount on treatment of his deceased brother and paid the bill of the nursing home amounting to Rs. 47,065/- vide receipt No. 5300 dated 22.5.1991. That the expenses towards