ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW       

          A/2035/2023

Raj Narayan Singh V/s Branch Manager, Chola Mandalam Insurance Company Limited and another      

            22-12-2023

                   BY MR. JUSTICE ASHOK KUMAR, PRESIDENT

                                                 ORDER

This is an appeal filed by the appellant/complainant under Section 41 of the Consumer Protection Act, 2019 against the order passed by the learned District Consumer Commission, Ambedkar Nagar in Complaint Case No. 278/2022 dated 05-04-2023 by which the aforesaid complaint has been dismissed for not taking steps by the complainant and also for non appearance.

The appeal has been filed with delay condonation application. Appellant has shown sufficient reasons for the delay in filing the appeal. Cause shown for delay is explained, therefore, the delay in filing the appeal is condoned.         

Sri Prashant Vaish, learned Counsel for the appellant appeared.

            I have heard Counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

            I have also gone through the memo of appeal and have considered the submission made by Counsel for the appellant. The appellant/complainant has given sufficient reasons for his absence.

            Considering the facts and circumstances of the case the appeal is allowed and the impugned order passed by the District Consumer Commission, Ambedkar Nagar is set aside and the case is remanded back to the District Consumer Commission, Ambedkar Nagar with request to restore the Complaint Case No. 278/2022; Raj Narayan Singh V/s Branch Manager, Chola Mandalam Insurance Company Limited and another to its original number and decide the complaint expeditiously preferably within a period of one year from the date of production of the certified copy of this order in accordance with law. It is made clear that unnecessary adjournments will not be allowed to either of the parties. 

A copy of this order will be served by the appellant before the District Consumer Commission, Ambedkar Nagar within a period of four weeks from today.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                                        ( JUSTICE ASHOK KUMAR )                                       

                                           PRESIDENT 

            Pnt.