- (1.) THIS appeal is directed against the order dated 1.9.2004 passed by the District Consumer Disputes Redressal Forum, Durg (hereinafter called the "District Forum" for short) in complaint case No. 133/04 whereby the complaint was dismissed.
(2.) THE facts not presently in dispute are that Ashok Gupta who was complainant No. 1 had obtained Mediclaim policy from the OPs from 1989 and complainant Nos. 2 and 3 had obtained policy from the year 1997 -98. All the complainants were insured with OPs under policy No. 451201/48/03/00030 and had been regularly paying premium towards the said policy which was renewed from time -to -time till the year the 2003 -2004.
(3.) AS per averments in the complaint the complainant had applied for renewal of the aforesaid policy for the period from 21.5.2004 to 20.5.2005 and had deposited all the relevant papers together with the premium on 6.5.2004 with the OP No. 04 but the said OP returned all the documents saying that due to adverse claim ratio for the preceding two years the policy is not tenable. The OPs resisted the complaint and main contention of OPs was that the Mediclaim policy was issued in favour of the complainants for the period for 22.5.2002 to 21.5.2004 under the exclusions and terms and conditions. It is also averred in the written version that the policy is issued under the law of contract by mutual consent. It is further averred in the written version that due to adverse claim ratio the insurer had refused further renewal when the complainants had filed proposal for renewal for the period from 22.5.2004 to 21.5.2005 and that the policy could only be renewed by mutual consent but complainants are seeking renewal by coercive means which in itself is illegal. It is denied in the written version that there was any deficiency in service on part of the insurer and further that the insurer has neither taken premium nor issued policy in favour of the complainants hence the claim under Section 12 of the Consumer Protection Act does not lie. The OPs had prayed for dismissal of complaint subject to costs.;