Delhi

StateCommission

FA/579/2014

SUBODH KUMAR BHAGAT - Complainant(s)

Versus

APOLLO MUNICH HEALTH INSURANCE - Opp.Party(s)

06 Aug 2014

ORDER

I                                                                     Date of Decision: 06.08.2014

                                    

First Appeal – 579/2014

 

Sh. Subodh Kumar Bhagat,

S/o Late Hari Kishan Bhagat,

R/o B3/251, Ground Floor,

Sector-6, Rohini,

New Delhi-110085.

………Appellant

Vs

 

Apollo Munich Health Insurance,

Through its President/Vice President,

Having its branch office at: 29/7,

Ground Floor, Nangia Park Circle,

Shakti Nagar, Delhi-110007.

 

IInd Address:

 

Apollo Munich Health Insurance,

10^th Floor, Tower-B, Building No.10,

DLF Cyber City, DLF Phase-II,

Gurgaon, Haryana-122002.

……..Respondent

 

 

CORAM

 

Salma Noor, Presiding Member

NP Kaushik, Member(Judicial)

 

1.   Whether reporters of local newspaper be allowed to see the judgment? 

2.   To be referred to the reporter or not?

 

 

SALMA NOOR, PRESIDING MEMBER

 

1.     In a complaint case bearing No.78/2013 Subodh Kumar Bhagat vs Appolo Munich Health filed before District Forum (North), Tis Hazari, Delhi, 07.05.14 was fixed for the appearance of the Complainant. The Complainant absented

himself and the Forum dismissed the complaint in complainant’s default. 

 

2.      That is what brings the Complainant/Appellant in appeal before this Commission. 

 

3.     We have heard Sh. Sanjeev Kumar, Counsel for the  Appellant at the admission stage as there is no need to hear the Respondent.

         

4.        The version of the complainant/appellant is that by mistake, Counsel for the complainant noted down a wrong date as 19.05.14 in place of 7.5.14. In support of his contention, he files an affidavit. Therefore, the default occurred. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 07.05.2014 in question, and remand the case back to District Forum(North), Tis Hazari, Delhi with a direction to restore the complaint on its original number, and to further proceed in the case with accordance to law, giving notice to opposite party.  The Appellant/ Complainant is directed to appear before the District Forum (North), Tis Hazari, Delhi on 22.09.2014.

 

 

 

5.   A copy of this order be sent to District Forum (North), Tis Hazari, Delhi to keep it on complaint file and for compliance.