STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                      APPEAL NO. 1149 OF 2016

        (Against the judgment/order dated 28-03-2016 in Complaint Case

             No. 6/2016 of the District Consumer Forum, Chandauli )

Surendra Prasad Gond

                                                                             ...Appellant/Complainant

                                                     Vs.

Branch Manager, Bajaj Allianz Life -

Insurance Corporation Ltd.

                                                                              ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. U.  S. AWASTHI, MEMBER

For the Appellant        :  Sri S K Shukla, Advocate.

For the Respondent     :                 -

Dated : 10-06-2016

                                                  JUDGMENT

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

          Learned Counsel for appellant appeared. Registry has reported appeal to be time barred but copy of impugned order shows that copy of impugned order has been issued to appellant on 13-05-2016 and appeal has been filed on 08-06-2016. Thus, appeal is within time.

Admit and register appeal.

          Heard learned Counsel for appellant. We have perused memo of appeal and impugned order. 

Perusal of impugned order shows that Complaint No. 6/2016 Surendra Prasad Gond V/s Bajaj Allianz Life Insurance Company Limited                                                   has been dismissed on 28-03-2016 by District Consumer Forum, Chandauli in default of complainant as well as for default of steps.

As the impugned order shows that respondent was not present before District Consumer Forum, therefore, we find no need to issue notice to the respondent.

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

In view of above, we are of the view that appeal should be allowed and exparte order dated 28-03-2016 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 28-03-2016 passed by District Consumer Forum in Complaint Case No. 6/2016

:2:

Surendra Prasad Gond V/s Bajaj Allianz Life Insurance Company Limited is set aside. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. 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 15-07-2016 positively.

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

                                                                                          ( JUSTICE A H KHAN )

                                                                                                          PRESIDENT

                                                                                                    ( U S AWASTHI )

                   MEMBER

            pnt