Delhi

North East

RBT/CC/247/2022

GAURAV EARTHMOVING - Complainant(s)

Versus

BHARTI AXA GENERAL INISURANCE CO..LTD. - Opp.Party(s)

02 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

RBT/Complaint Case No.247/22

In the matter of:

 

	M/s Gaurav Earthmoving Equipment (P) Ltd., M3(P) Phase Large Sector, Tata-Kandra, Main Road Near Gamharia Thane, Saraikela-Kharswan 832108 Jhakhand	Complainant
	Versus
	ICICI Lombard General Insurance Company Ltd., Office at: Space No. 315, 3rd Floor, Aggarwal City Mall,  Plot No. 04, Road No. 44, Pitampura, Delhi	Opposite Party

 

CORAM:

Surinder Kumar Sharma, President

Adarsh Nain, Member

 

ORDER

 

Surinder Kumar Sharma, President

1. This order shall dispose off an application for restoration of the complaint to its original form filed by the Complainant. We have already heard the Ld. Counsel for the Applicant/Complainant and have perused the file. The case of the Applicant/Complainant is that the case was earlier pending before the District Consumer Commission, Shalimar Bagh and thereafter it was transferred to this Commission. The case of the Complainant is that in the second week of October 2022, his sister has passed away and the Counsel for the Complainant was not attending the work and thereafter in the month of February he started appearing in the courts. It is the case of the Complainant/Applicant that thereafter on enquiry it was revealed that this case was dismissed for              non-prosecution vide order dated 17.01.2023.  
2. The perusal of the file shows that after 05.12.2019 till the case was pending before the District Commission Shalimar Bagh, none has appeared on behalf of the Complainant for a long period. Thereafter, this case was transferred to this Commission and was taken up for hearing on 25.05.2022. On that date it was adjourned for 08.09.2022, thereafter, adjourned for 03.11.2022, thereafter, adjourned for 05.12.2022, thereafter, adjourned for 06.01.2023 and thereafter it was taken up on 17.01.2023. During the said six dates of hearing before this Commission, none has appeared for the Complainant before this Commission. As discussed above none has appeared for the Complainant before the District Commission, Shalimar Bagh, for a long period. The only ground for restoration of the case is that the sister of the Complainant has expired in October 2022 and he was not attending the court for a long period and started attending the court in the month of February. The Counsel for the Complainant has not explained about non appearance before October 2022. It is also not explained as to why the Complainant also did not appear for such a long period. Under these circumstances, we do not see any merit in the application and the same is dismissed.
3. Order announced on 02.08.2024.

                 Copy of this order be given to the Complainant free of cost.

File be consigned to Record Room.

(Adarsh Nain)		(Surinder Kumar Sharma)
(Member)		(President)