NCDRC

NCDRC

RP/1115/2019

ANIL SHIVAJI JADHAV - Complainant(s)

Versus

DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD. - Opp.Party(s)

MR. YUVRAJ BABURAO GAIKWAD & MR. PRASHANT SHANTARAM CHAUDHARI

27 Aug 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1115 OF 2019
(Against the Order dated 03/12/2018 in Appeal No. 108/2017 of the State Commission Maharashtra)
1. ANIL SHIVAJI JADHAV
R/O. SHASHTRINAGAR, MALKAPUR, TAHASIL KARAD
SATARA
MAHARASHTRA
...........Petitioner(s)
Versus 
1. DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD.
'JIVANTARA", L.I.C. BUILDING, FIRST FLOOR, OPPOSITE TO COLLECTOR OFFICE, SATARA
SATARA
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE SUDIP AHLUWALIA,PRESIDING MEMBER
 HON'BLE MR. ROHIT KUMAR SINGH,MEMBER

FOR THE PETITIONER :
MR. YUVARAJ BABURAO GAIKWAD, ADVOCATE
FOR THE RESPONDENT :
MR. MAIBAM N SINGH, ADVOCATE

Dated : 27 August 2024
ORDER

 

          Ld. Counsel for the Petitioner draws attention to page-8 of the Revision Petition which would go to indicate that on 09/02/2018 Written Arguments from its side had been filed in the Ld. State Commission, although in its impuged Order passed 10 months later on 03/12/2018, it was noted that no Written Arguments had been filed.

2.       The averments in the Revision Petition are however supported by the Affidavit of the Petitioner/Complainant.

3.       In the circumstances and in the interest of substantial justice we grant an opportunity to the Petitioner/Respondent to make his submissions on merits before the Ld. State Commission.  For this purpose, only one opportunity shall be granted to the Petitioner for completing the hearing from his side before the Ld. State Commission, and in the event of his failure to do so, the State Commission shall be at liberty to pass any appropriate Orders as deemed fit and proper.

4.       With the aforesaid observations, the Revision Petition is allowed after setting aside the impuged Order and the First Appeal No.A/17/2018 of Ld. State Consumer Disputes Redressal Commission, Maharashtra, Mumbai, Circuit Bench at Kolhapur, which was dismissed for Non-Prosecution on 03/12/2018 is restored to its original file and number.

5.       Ld. State Commission is requested to decide the same in accordance with Law after giving a brief reasonable opportunity to the Petitioner/Appellant to make his submissions on merits.

6.       Parties to bear their own costs, and to now appear before the Ld. State Commission on 19/11/2024.

 
......................................J
SUDIP AHLUWALIA
PRESIDING MEMBER
 
 
...........................................
ROHIT KUMAR SINGH
MEMBER

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