(Per: Justice B.C. Kandpal, President):

This is insurer’s appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 13.08.2012 passed by the District Forum, Dehradun in consumer complaint No. 14 of 2012. By the order impugned, the District Forum has allowed the consumer complaint against the opposite parties and directed them to pay sum of Rs. 1,39,398/- to the complainant and Rs. 5,000/- towards litigation expenses. The District Forum has further directed the opposite parties to deposit sum of Rs. 1,00,000/- towards special damages imposed on them, out of which sum of Rs. 50,000/- was directed to be paid to the complainant towards mental agony and the remaining sum of Rs. 50,000/- was directed to be deposited in Consumer Welfare Fund. The above amount was directed to be paid within a period of 30 days, failing which the same was directed to carry interest @9% p.a. from the date of filing of the consumer complaint till payment.

2. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that on 20.11.2008, the complainant purchased a hospitalisation benefit policy from opposite party No. 1 – National Insurance Company Limit