Ernakulam District Commission - Internal Dispute Mechanism Under MEDISEP Scheme Doesn't Bar Aggrieved Persons From Approaching Commission

MEDISEP is a social security scheme of the Kerala Government that provides comprehensive health insurance coverage to all serving and newly recruited state employees, High Court employees, pensioners, and their families.

Background Facts

Oriental Insurance (Petitioner) argued that the complainant (Respondent) has not exhausted the grievance redressal mechanism provided under the Medical Insurance Scheme for State Employees and Pensioners (MEDISEP) scheme.

Therefore, they contend that the complaint before the Commission is premature and should not be maintained.

Consequently, Oriental Insurance filed an interlocutory application before the Commission seeking dismissal of the complaint.

Observation by Commission

The Commission referred to the case of National Insurance Co. Ltd. Vs. Hindustan Safety Glassworks Ltd. where it was held that the existence of an internal grievance redressal mechanism does not exclude the jurisdiction of the Consumer Commission.

Additionally the remedies provided under the Consumer Protection Act are supplementary to those available under other laws or agreements.

Commission further referred Section 100 of the Consumer Protection Act, 2019 which stipulates that the provisions of the Act are in addition to and not in derogation of any other law for the time being in force.

The Commission held that the existence of an internal grievance redressal mechanism under the MEDISEP scheme does not exclude the jurisdiction of the Consumer Commission.

The Commission concluded that the plea of the oriental insurance to dismiss the complaint on the grounds of non-maintainability is unsustainable.

Case – Oriental Insurance Co. Ltd Versus C.D Joy & others

Citation – IA No. 1146 of 2024 In C.C. No. 505 of 2024

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