ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1210 OF 2019
(Against the order dated 18-03-2019 in Complaint Case
No.295/2013 of the District Consumer Forum, Kanpur Nagar)
Beena Singh
W/o Shiv Shankar
R/o 126/74 Gopal Nagar
District Kanpur Nagar.
...Appellant/Complainant
Vs.
- Birla Sunlife Insurance Company Limited
Office At 16/106 Mall Road, Second Floor
JS Tower, Kanpur-208001
Through Branch Manager
- Birla Sunlife Insurance Company Limited
Fifth and Sixth Floor,
G Corp Tech Park, Ghodbunder Road
Kasarvadavali
Near P.S. Thane (West) Mumbai
Through General Manager
...Respondents/Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Sri Pramendra Verma, Advocate.
For the Respondent :
Dated : 15-10-2019
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Pramendra Verma, learned Counsel for the appellant appeared.
I have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. The appeal is within time.
Admit and register appeal.
Vide impugned order the complaint case has been dismissed in default of complainant. As such the appeal is disposed of finally at the stage of admission itself.
Perusal of impugned order shows that Complaint Case No. 295 of 2013 Beena Singh V/s Branch Manager, Birla Sunlife Insurance Company
:2:
Limited and another has been dismissed on 18-03-2019 by District Consumer Forum, Kanpur Nagar in default of complainant whereas opposite parties were present before District Consumer Forum.
Appellant has shown sufficient reason for her absence on date fixed.
In view of above, I am of the view that appeal should be allowed and order dated 18-03-2019 should be set aside on payment of cost to opposite parties of complaint.
In view of above, the appeal is allowed. Impugned order dated 18-03-2019 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 295 of 2013 Beena Singh V/s Branch Manager, Birla Sunlife Insurance Company Limited and another is set aside on payment of cost of Rs.1,000/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The complainant shall deposit cost of Rs.1,000/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 27-11-2019 positively.
It is clarified that if the cost is not deposited on the date of appearance fixed above, this order shall have no effect. Said cost if deposited shall be paid to opposite parties of complaint.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
