IMPORTANT POINTS
(1) Premium against Policy paid by Appellant’s son online, accepted by Respondent does not change the character of the Appellant/complainant as a consumer.
(2) Premium paid online from anywhere does neither put an embargo on territorial jurisdiction nor on the treatment of the appellant as Appellant’s residential address is Agartala, within the territorial jurisdiction of the forum.

JUDGMENT

U.B. Saha, President,—This appeal is directed against the order dated 15.02.2021 passed by the learned District Consumer Disputes Redressal Commission (hereinafter referred to as District Commission), West Tripura, Agartala in Case No.C.C.06 of 2020 whereby and whereunder the learned District Commission dismissed the complaint petition filed by the complainant, Sri Satyendranath Basu Roy Choudhury, the appellant herein, on the question of maintainability of the complaint petition.

2. Heard Ms. Sujata Deb (Gupta), Ld. Counsel assisted by Mr. Saikat Rahman, Ld. Counsel appearing on behalf of the appellant (hereinafter referred to as complainant) as well as Mr. Sampad Choudhury, Ld. Counsel appearing for the respondent (hereinafter referred to as opposite party/Insurance Company).

3. Facts of the case as narrated in the complaint petition are as follows:-

The complainant, Sri Satyendranath Basu Roy Choudhury, a retired Police Inspector of Tripura Police, the appellant herein, filed a complaint petition against the CEO, Religare Health Insurance Company Ltd., Vipul Tech Square, Tower C, 3rd Floor, Sector-43, Golf Course Road, Gurgaon alleging, inter alia, that on 14.12.2018 he performed journey to USA and he was supposed to stay there for 31 days and his purpose was for the journey to visit his son namely, Sri Sourav Basu Roy Choudhury at Miami, USA. He purchased one Health Insurance Policy from the respondent-opposite party being Policy No.13420185. The premium of the policy was paid through online payment. The period of policy was starting from 00.00 Hrs. of 14.12.2018 to mid-night of 13.01.2019 for single trip, in total for 31 days. As per Indian time on 14.12.2018 at about 00.30 Hrs., the complainant felt uneasiness in the flight from New York to Miami and became unconscious just for few minutes before landing and for which reason soon after landing at Miami, an ambulance of United Airlines immediately taken him to the Jackson Memorial Hospital at Miami, Florida-33136 for his check-up. On the next day morning i.e. on 15.12.2018 at about 23.05 Hrs. in USA, the complainant was discharged from the hospital. The Hospital Authority did not claim anything towards the treatment of his illness as he had a Health Insurance Policy and consequent thereto, the Hospital Authority noted the aforesaid Health Insurance Policy details from the complainant, but all on a sudden, after a long gap of three months on 03.04.2019, the Jackson Memorial Hospital Authority, Miami informed the complainant through his e-mail that the hospital expenditure which was near about Rs.10,00,000/- was due as because the opposite party, Insurance Company did not make the payment. When he came to contact with the opposite party, Insurance Company then, he was informed that the complainant will have to pay the total bills to the Hospital Authority and thereafter he will have to raise his claim to the Insurance Company. According to the complainant, as per the terms of the Insurance Policy, the benefit of the policy was cashless and since the opposite party did not make the payment directly to the Hospital Authority it amounts to negligence and deficiency of service for which he filed the complaint before the learned District Commission (the then District Forum).

4. After getting notice, the opposite party appeared and filed their written statement raising the question of maintainability on the ground of territorial jurisdiction as well as the cause of action. In the written statement, the opposite party also contended that the complaint case is a premature one and also the learned District Commission erstwhile has no jurisdiction as there is no Branch Office of the opposite party and also no cause of action arose at Agartala.

5. The complainant in support of his complaint petition filed his passport, Visa, Health Insurance Policy and the medical documents issued by the Jackson Memorial Hospital, Miami etc.

6. The learned District Commission after hearing the par