Date of Argument: 02/08/2016

Date of Judgment: 05/08/2016

JUDGMENT

D. K. Mahanta, Member

                Factual scenario giving rise to this appeal, in brief, is as follows:

                In the District Forum, the appellant as complainant, instituted Complaint Case No.  119 of 2014 against the respondents, in respect of the disputes regardingrepudiation of the insurance claim and allied matters concerning  the Insurance Policy No. 1331668 issued by the respondent Bharti AXA General Insurance Company Ltd. The complainant has now filed this appeal against the order dated 12/11/2015 whereby the District Forum proceeded to dismiss his complaint for default in his appearance.

                Heard learned counsel Mr. A. R. Agarwala appearing for the appellant and Mr. A. J. Saikia appearing for the respondent. We have perused the impugned order of the District Forum dated 12/11/2015 as well as the records of the case.

                Learned counsel for the appellant has submitted that vide order dated 22/07/2015, the complaint case was adjourned till 22/09/2015 for filing of the written statement by the Proforma Respondent and for appearance of the complainant. On 22/09/2015, the District Forum passed order as follows:

                “ Complainant is absent today also. Opposite parties are also absent. Opposite party No. 1 has already filed written statement. Last chance was already given to the Opposite Party No. 2. For the ends of justice, one chance is given to the complainant and the Opposite Party No. 2 for appearance.

                Fixed 12/11/2015 for appearance of the complainant and Opposite Party No. 2.”

                On 12/11/2015, the District Forum passed the impugned order dismissing the complaint for default of the appearance of the complainant.

                According to the submission of the learned counsel for the appellant, since the date 12/11/2015, in reality, was fixed for submission of the written statement by the Opposite Party No. 2, the dismissal of theComplaint Case on the ground of non-appearance of the complainant on that particular date is bad in lawand is liable to be set aside.

                Learned counsel appearing for respondent Bharti AXA General Insurance Company Ltd. Has also fairly submitted thathe has no objection if the impugned order isset aside and theComplaint Case is remanded to the concerned District Forum for adjudication as per law.

                In our considered opinion, as the relevant date 12/11/2015, was in essence, fixed for submission of the written statement by the Opposite Party No. 2, the order of dismissal of the complaint petition on the ground of non-appearance of the complainant on that day, appears to be not appropriate. It is also to be kept in mind that the District Forum has proceeded to dismiss the complaint on the basis of “ Dismissal simpliciter” and that has not adverted to the factual aspects or to the merits thereof.

                Therefore, in the interest of justice, the instant appeal is hereby allowed. The impugned order dated 12/11/2015 dismissing the complaint for default of the complainant is set aside and the said Complaint Case No. 119 of 2014 is restored to the file of the District Forum. Consequently, the District Forum will now continue with the trial of the case as per law. It is further directed that both the parties will appear before the District Forum on 30/11/2016.

                As far as this appeal is concerned, there will be no order as to costs.

                Send back the original records to the concerned District Forum along with a copy of this order.