NCDRC

NCDRC

RP/2872/2013

JAGMEET SINGH GREWAL - Complainant(s)

Versus

AVIVA LIFE INSURANCE CO. INDIA LTD. & 2 ORS. - Opp.Party(s)

HARCHARAN SINGH BEHAR, AUTH. REP.

26 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2872 OF 2013
 
(Against the Order dated 07/05/2013 in Appeal No. 16/2013 of the State Commission Delhi)
1. JAGMEET SINGH GREWAL
THROUGH HARCHARAN SINGH BEHAR, J 13/30 RAJORI GARDEN
NEW DELHI
...........Petitioner(s)
Versus 
1. AVIVA LIFE INSURANCE CO. INDIA LTD. & 2 ORS.
AVIVA TOWER SECTOR ROAD, DLF PH-V SECTOR- 43
GURGAON - 122009
HARYANA
2. AVIVA LIFE INSURENCE CO INDIA LTD.,
B-1/ 623, 3RD FLOOR, JANAK PURI,
NEW DELHI - 110058
3. HDFC BANK,
J -2/4 RAJOURI GARDEN
NEW DELHI - 110027
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :HARCHARAN SINGH BEHAR, AUTH. REP.
For the Respondent :NEMO

Dated : 26 Aug 2013
ORDER

Heard Authorised Representative of the petitioner. In this matter, learned District Forum vide order dated 21.09.2012 dismissed complaint, against which appeal was filed by the petitioner before learned State Commission. That too, was dismissed vide impugned order dated 07.05.2013, on account of absence of the petitioner and his counsel. Authorised Representative of the petitioner submitted that officials of learned State Commission apprised him that appeal will be listed sometime in the month of May, 2013 and Authorised Representative was under the impression that he will receive intimation of the date of hearing. When enquiry was made from the State Commission in second week of May, 2013, he came to know that appeal has been dismissed in default on 07.05.2013. As appeal has been dismissed in default and Authorised Representative was pursuing the appeal before the State Commission, we deem it appropriate to set aside the impugned order and restore the appeal, so that, matter may be heard on merits. Consequently, Revision Petition is allowed and impugned order dated 07.05.2013, passed by learned State Commission in First Appeal No. 16/2013, Jagmeet Singh Grewal Vs. Aviva Life Insurance Co. Ltd. & Ors. is set aside and matter is remanded back to learned State Commission to dispose of the appeal in accordance with law, after giving an opportunity of being heard to the parties. Petitioner is directed to appear before learned State Commission on 07.10.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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