STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                       APPEAL NO. 160 OF 2017

              (Against judgment and order dated 25-11-2014  in Complaint

           Case No. 541/2014 of the District Consumer Forum-I, Lucknow )

1. Rajeev Saxena

S/o Mr. Rajendra Kumar Saxena

2. Smt. Meena Saxena

W/o Sri Rajeev Saxena

Both R/o 16, Mawaiya,

Durgapuri, Lucknow-226004

                                                                                                ...Appellants

                                                           Vs.

1. Apollo Munich Health Insurance Co. Ltd.

Through its Managing Director

Having its Registered Office at Apollo-

Hospitals Complex, Jubilee Hills

Hyderabad-500033

2. Senior Executive,

Grievance Redressal Cell of Apollo-

Munich Health Insurance Company Ltd.

Having its office at 10^th Floor

Building No.10, Tower B DLF Cyber City

DLF City, Phase 2 Gurgaon-122002, Haryana.

3. Authorized Signatory Branch Office

Unit 1,2,3 and 4 of Apollo Munich Health-

Insurance Company Limited

2^nd Floor Halwasia Commerce House

Habibullah Estate, 11 M G Marg Hazratganj

Lucknow-226001

                                                                                            ...Respondents

BEFORE:

HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :    Sri Dr.Amardeep Gaur, Advocate.

For the Respondent     :                     

Dated : 25-01-2017

                                                  JUDGMENT

       MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT(ORAL)

Dr. Amardeep Gaur, learned Counsel for the appellants appeared.

Heard learned Counsel for the appellants and perused impugned

:2:

order as well as records.

The impugned order is dated 25-11-2014 passed exparte in absence of appellants/complainants. Free copy of impugned order has been furnished to the appellants on 21-12-2016. The appellants have moved delay condonation application also. In support of delay condonation application it has been alleged that complaint was fixed for admission on 13-10-2014. Thereafter learned Counsel for the appellants/complainants informed that the District Consumer Forum has been shifted from Motimahal to Gomti Nagar and the next date could not have been known to him. Again on 26-12-2016 the Counsel informed appellants that the complaint has been dismissed for non prosecution on 25-11-2014.

The office has reported appeal to be within time on the basis of date of furnishing of free certified copy of impugned order. The appellants have given sufficient reason for obtaining copy of impugned order on 21-12-2016.

A perusal of impugned order shows that complaint has been dismissed on the ground of technical defect in absence of complainants without affording opportunity to remove said defect. In view of above we are of the view that appeal should be allowed and the complainants should be granted opportunity to remove defect of complaint.

In view of above appeal is allowed. The impugned order dated 25-11-2014 passed by District Consumer Forum-I, Lucknow in Complaint Case No.541/2014 is set aside. The case is remanded back to the District Consumer Forum to pass a fresh order on admission after giving opportunity to appellants/complainants to remove defect. The appellants shall appear before District Consumer Forum on 23-02-2017.

Let copy of this order be made available to the parties within 15 days positively as per rules.

( JUSTICE A H KHAN )

                                                                                                   PRESIDENT

                                                                                    ( SMT. BAL KUMARI )

                      MEMBER

          Pnt.