ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                         UTTAR PRADESH, LUCKNOW      

                              APPEAL NO.  170 OF 2020

            (Against the order dated 04-07-2018 in Complaint Case

                      No.21/2015 of the District Consumer Forum-II, Lucknow)

Smt. Sangeeta Sharma, W/o Amar Sharma

232, Mandirganj, Tehsil Sadar

District Shahjahanpur

Presently residing at House No.7/692

First Floor, Vikas Nagar, Lucknow.

                                                                    ...Appellant/Complainant

                                                     Vs.

01.HDFC Life Insurance Company Limited

     Through its Branch Manager

     Office No. D-61/127, C-H, 3^rd Floor

     Arihant Complex, Sigra Near ICICI Bank

     Varanasi 

02.Rahul Kasana, Area Manager

     HDFC Life Insurance Company Limited

     Office No. D-61/127, C-H, 3^rd Floor

     Arihant Complex, Sigra Near ICICI Bank

     Varanasi

03.Branch Manager

HDFC Life Insurance Company Limited

Branch Office at 11, 1^st Floor Halwasiya House

M G Marg, Hazratganj, Lucknow.

1. HDFC Life Insurance Company Limited

Through its Chief Managing Director

Corporate Office at 11 to 14 Floor

Lodha Excelus, Apollo Mills Compound

N. M. Joshi Marg, Mahalaxmi, Mumbai-400011

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Appellant       :   Ms. Kavita Singh Suryavanshi, Advocate.

For the Respondent    :                 

Dated : 04-03-2020

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Ms. Kavita Singh Suryavanshi, learned Counsel for the appellant

:2:

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 both parties. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint Case No. 21 of 2015 Smt. Sangeeta Sharma V/s HDFC Life Insurance Company Limited and others has been dismissed on 04-07-2018 by District Consumer Forum-II, Lucknow in default of both parties.

As the impugned order shows that respondents were not present before District Consumer Forum, therefore, I find no need to issue notice to the respondents.

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 exparte order dated 04-07-2018 should be set aside.

In view of above, the appeal is allowed. Impugned order dated 04-07-2018 passed by District Consumer Forum-II, Lucknow in Complaint Case No. 21 of 2015 Smt. Sangeeta Sharma V/s HDFC Life Insurance Company Limited and others is set aside. The complaint case is remanded back to the District Consumer Forum with a direction to restore it on its original number. After restoration of case the District Consumer Forum shall issue notice to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before District Consumer Forum on 22-04-2020 positively.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

Pnt.