PER MOKSHA KHAJURIA KAZMI-J :
This Petition under Article 226 of the Constitution of India is directed
against Judgment/Order dated 08.10.2010 passed by the Jammu and Kashmir State
Consumer Dispute Redressal Commission, Jammu (respondent No.1) passed in
Appeal No. 3141/10 titled “Mr. Galdan Wanchuk Vs. Family Health Plan Ltd.”
BRIEF FACTS :-
1. Respondent No.2 herein filed a Consumer Complaint against the
petitioners and proforma respondent No3,before the Divisional Consumer
Forum, Jammu alleging therein that the mother of respondent No.2,
namely, Dr. P. Angmo had taken the Mediclaim Insurance Policy bearing
NO. 420806/48/03/8500962, for the period commencing 24.02.2005 to
23.02.2006. It is stated that during the existence of the Policy, respondent
No.2 suffered a major depression & disorders. He was diagnosed as
Schizophrenia, for which, respondent No.2 had taken treatment from
different hospitals. She sought indemnification of the sum incurred i.e.
Rs. 1,44,972/-, Rs.26,250/- and Rs.65,100/- spent on the treatment on
different dates i.e. total comes to the tune of Rs.2,26,322/-. It is stated in
the complaint that the respondent No.2 remained admitted thrice to the
hospitals (i) South Point Hospital from 20th Jan. 2005 to 4th Feb. 05, (ii)
South Point Hospital for post hospitalization period on 28th Feb. 2005 and
