Delhi

StateCommission

A/509/2015

SMT. PARVATI DEVI - Complainant(s)

Versus

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Opp.Party(s)

11 Aug 2016

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 11.08.2016

 

First Appeal No. 509/2015

(Arising out of the order dated 27.01.2015 passed by the Consumer Disputes Redressal Forum- VI, M-Block Vikas Bhawan, New Delhi in complaint case No. 623/13)

 

        In the Matter of:

 

                Smt. Parvati Devi

          W/o Late Adhin Prajapati,

          R/o 77, Semari Bishrampur,

          Post. Muramakala District Palamu,

          Jharkhand- 822124

          Through her son/attorney

          Sh. Bishambar Kumar Prajapati

 

          Also at:

          Jai Narayan Complex

          C/o Kailash

          Mahipal Pur, New Delhi

 

……Appellant     Versus 1. Bajaj Alianz General Insurance Company Ltd. Regional Office at: B-37/38, First Floor, Connaught Place, New Delhi-110001 Also at Head Office at G.E. Plaza, Airport Road, Yerwada, Pune-4110066   2. Employee Code No. 6811 Bajaja Alianz General Insurance Company Ltd. G.E. Plaza, Airport Road, Yerwada, Pune- 4110066                                                                                …….Respondents

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

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

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

 

        In this appeal prayer is made for setting aside order dated 27.01.2015 passed in CC No. 623/2013 by Consumer Disputes Redressal Forum, M-Block, Vikas Bhawan, New Delhi.

        The impugned order reads as under:

 

        “27.01.2015

        None present

        Complainant not filed R/E since 09.05.2014. Matter called up several time at 3.20 p.m. Complaint dismissed in default for non prosecution. The consigned to R/R/.”

 

        It is submitted that counsel for the appellant/complainant could not appear before on 27.01.2015 the Ld. District Forum as she is resident of Jharkhand and the matter was being conducted by the counsel who did not attend the case on aforesaid date nor informed about the progress of the case to her. It is submitted that a prejudice shall be caused to her in case appellant/complainant is not allowed to pursue her complaint case.

        Nothing contrary is pointed out by the Ld. counsel appearing for respondent.

        There is nothing on record to show that non appearance was deliberate or the appellant/complainant was trying to delay the disposal of the complaint case.

        In view of the reasoning given, we accept this appeal and set aside the order dated 27.01.2015 and restore the complaint to its original position.

        The parties are directed to appear before the Ld. District Forum on 07.10.2016.

        On the said date, the appellant/complainant shall file its evidence by way of affidavit.

        Appeal stands disposed of accordingly.

        Copy of the order be sent to the parties as well as to the Ld. District Forum for necessary information.

        File be consigned to record room.

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member