This appeal is directed against the order of Ld. DCDRF, Siliguri dated 06/02/2019 in CC No. 71/S/2017. The fact of the case and the history of the appeal in short is that the complainant Ashok Biswas has registered a consumer complaint against LIC, Bagdogra Branch, for repudiation of his insurance claim. The OP/ LIC after receiving notice of complaint has been contesting the case by filing WV. The complainant has tendered evidence by affidavit and also filed WNA along with listed documents. The OP/LIC also filed relevant documents and WNA. Subsequently, on the day of the hearing, complainant could not appear. The Ld. Forum has show-caused the complainant. On 06/02/2019, the complainant again remained absent without taking step. So the Ld. Forum dismissed the consumer complaint.

Being aggrieved with this order, this appeal follows on the ground that the impugned order suffers from irregularity. The appeal has been contested through Ld. Advocate of the respondent/ LIC. The case of the appellant is moved by Ld. Advocate.

Decision with reason

After hearing both sides through Ld. Legal counsels, it appears to us that after recording evidences and after obtaining the WNA had the Ld. Forum any opportunity to dismiss the consumer complaint on account of absentee complainant? The provisions of section 13 of CP Act elaborately and vehemently speaks that when OP denies or disputes the case of the complainant by WV, the Ld. Forum shall proceed to settle the disputes on the basis of evidence brought to its notice by the complainant and the OP. Here settlement means the proper adjudication of the dispute by a clear term and the final verdict should be based on the merit. No where there is any scope to dismiss the consumer complaint only for default where substantial evidence has already been recorded. In this particular case the error in the final order of the Ld. Forum is quite reflected which requires to be interfered.

Hence, it is ordered,

That the appeal be and the same is allowed on contest without cost. The order of Ld. DCDRF siliguri, dated 06/02/2019 in CC No. 71/S/2017 stands set aside. Both parties are asked to appear before the Ld. DCDRF Siliguri, on 16/04/2020. The Ld. Forum is requested to adjudicate the instant consumer dispute by providing opportunities to both the parties for cross examination to each other, if they desire, in the shape of interrogatories and reply and to hear the argument before passing the final order.

Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. Forum.