Chandigarh

StateCommission

A/90/2017

Gursharan Kaur - Complainant(s)

Versus

Bharti Axa Life Insurance Co. Ltd. - Opp.Party(s)

Sukaam Gupta,Adv.

20 Apr 2017

ORDER

                   

                    As per office report, record of the District Forum has been received.

          Heard.

          The appeal be registered.

          Notice be issued to the respondent.

                    Sh. Gaurav Bhardwaj, Advocate is present in Court in some other case. On our asking, he accepts notice of this appeal on behalf of the respondent. Copies of the appeal and other documents annexed therewith have been supplied to him.

                   This appeal has been filed against order dated 01.03.2017 dismissing complaint bearing No.143 of 2017 filed by the appellant/complainant for non-appearance.  

                   It is apparent on record that the complaint came up for hearing for the first time before District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short “the Forum” only ) on 13.02.2017. On request, the matter was adjourned to 20.02.2017. On which date, on request made by Counsel for the complainant, it was adjourned to 21.02.2017 and then to 01.03.2017. On that date i.e. 01.03.2017, none had put in appearance, so the complaint was dismissed in default.

                   In the appeal filed by the appellant/complainant, it is stated that non-appearance was not intentional, rather the Counsel could appear late on account of his personal difficulty. Be that as it may, at the time of arguments, Counsel for the respondent very fairly stated that let the complaint be heard on merits.

                   Accordingly, this appeal is allowed. Order dated 01.03.2017 passed by the Forum is set aside and the complaint is restored to its original number.

                   The parties/their Counsel are directed to put in appearance before the concerned Forum on 05.05.2017.

                   Order passed is subject to payment of cost of Rs.2000/-, which shall be paid by the appellant to the Counsel for the respondent before the Forum on the next date of hearing.

                   Certified copies of this order be sent to the parties, free of charge.

                   Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.  

                   File be consigned to record room, after completion.