STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  APPEAL NO.  1524 OF 2016

        (Against the judgment/order dated 20-05-2016 in Complaint Case

                            No.49/2014 of the District Consumer Forum-I, Bareilly  )

Nidhi Agarwal

W/o Sri Alpit Agarwal

R/o 106, Gujral Apartment

Opposite Jain Mandir

Rampur Garden

Bareilly, U.P.

                                                                     ...Appellant/Complainant

                                                     Vs.

01.Aviva Life Insurance Company Limited

IInd Floor, Mangalam Arcade

Deen Dayal Puram

Bareilly

Through Manager

02.Aviva Life Insurance Company Limited

IInd Floor, Vikas Deep Building

7, Tolstoy Marg

New Delhi

                                                                      ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :  Km. Tara Gupta, Advocate.

For the Respondent     :                      -

Dated : 08-08-2016

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Km. Tara Gupta, learned Counsel for the appellant is present.

Heard learned Counsel for the appellant. We have perused memo of appeal and impugned order. Appeal is within time.       

Admit and register appeal.        

Perusal of impugned order shows that Complaint No. 49/2014 Nidhi Agarwal V/s Aviva Life Insurance Company Limited and another has been dismissed on 20-05-2016 by District Consumer Forum-I, Bareilly in default of complainant whereas respondents were present before District Consumer Forum.

:2:

Appellant has shown sufficient reason for her absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 20-05-2016 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 20-05-2016 passed by District Consumer Forum-I, Bareilly in Complaint Case No.49/2014  Nidhi Agarwal V/s Aviva Life Insurance Company Limited and another is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.500/- to the respondent/opposite party by complainant. After restoration of case the District Consumer Forum shall issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 07-09-2016 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

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

                            ( JUSTICE A H KHAN )

                                                                                                             PRESIDENT

                                                                                             ( SMT. BAL KUMARI )

                             MEMBER

          pnt