ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.1506 of 2023

Anurag Rai s/o Chandrabhan Rai,

R/o House no.2A-82 Obra, Sector-2,

Sonebhadra at present Lalmani Devi Marg,

Agarwal Nagar, Obra, Post Obra, District

Sonebhadra (U.P.)                                               ….Appellant.

Versus

General Manager, ICICI Lombard General        

Insurance Co. Ltd., Redg. Office ICICI Lombard

House, 414, Veer Sawarkar Marg, near Sidh

Vinayak Mandir, Prabhadevi, Mumbai-400025.. Respondent.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Hon’ble Mr. Vikas Saxena, Member.

Sri A.K. Pandey, Advocate for the appellant.

Sri Brijendra Chaudhary, Advocate for the respondent.

Date   12.12.2023

ORDER

(Delivered by Hon’ble Mr. Justice Ashok Kumar, President)

The instant appeal has been filed under section 41 of the Consumer Protection Act, 2019 against the judgment and order dated 20.7.2023 passed in complaint cases no.66 of 2022 and order dated 2.8.2023 passed in misc. case no.57 of 2023.

Submission, in short, of the counsel for the appellant is that due to inadvertent error or mistake on the part of the counsel for the appellant/complainant, the correct description of the insurance policy has not been transcribed in the memorandum of complaint nor the correct documents are placed and therefore, based on the incorrect details provided by the counsel for the complainant the proceedings are carried out and the complaint has been dismissed.

On application a case has been registered as misc. case no.57 of 2023 and the ld. District Consumer Commission has proceeded to reject the said application/review application holding that review application is not maintainable.

(2)

   Without going into merits of the case and in the interest of justice and after hearing Sri A.K. Pandey and Sri Brijendra Chaudhary, ld. counsels for the respective parties, we deem it appropriate to dispose of the instant appeal by setting aside the impugned orders dated 20.7.2023 passed in complaint cases no.66 of 2022 and order dated 2.8.2023 passed in misc. case no.57 of 2023 and by remanding the matter back to the District  Consumer Commission by restoring the complaint no.66 of 2022 to its original number and requesting the ld. District Consumer Commission to decide the complaint on merits within 4 months from production of the certified copy of this order as well the correct details of the insurance policy etc.

With this observation the appeal is disposed of.    

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this order be provided to the parties in accordance with rules.

      (Justice Ashok Kumar)                   (Vikas Saxena)                                                   

                President                                       Member

Jafri PA-I

Court-1