Delhi

StateCommission

A/610/2015

B. ISHVARAN - Complainant(s)

Versus

HDFC STANDARD LIFE INSURANCE CO. LTD. & ANR. - Opp.Party(s)

22 May 2017

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :22.05.2017

 

First Appeal No. 610/2015

(Arising out of the order dated 9.9.15 passed in Complaint Case No.366/13 passed by the District Consumer Dispute Redressal Forum-II, Qutub Institutional Area, New Delhi District.)

 

In the matter of

B. Isvaran

178-B, Pocket – I, Mayur Vihar-I

Delhi-110091

……Appellant

 

 

                                                      Versus               

 

1. HDFC Life Insurance Co. Ltd.

C-2, I, II & III Floors, Community Centre

Opposite IIT Gate, Hauz Khas

New Delhi

 

2. HDFC Bank Ltd.

H-7, Green Park

New Delhi-16

…Respondent

 

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.       Whether reporters of local newspaper be allowed to see the judgment?

2.       To be referred to the reporter or not?

 

 

 

Justice Veena Birbal, President

1.        This is an appeal under section 15 of the Consumer Protection Act (in short, ‘the Act’) wherein prayer is made for recalling of order dated 9.9.15 passed by the Consumer Disputes Redressal Forum-II, Qutub Institutional Area (in short, ‘the District Forum’), in CC No. 366/13 whereby the aforesaid complaint of the appellant herein i.e. complainant before the District Forum has been dismissed for non appearance. The impugned order reads as under:-

                        “Second call has been given at 12.15 p.m. None was also                                       present on behalf of the Complainant on the previous date i.e.                           01.05.15. Therefore, we dismiss the complaint in default.

                        Let a copy of this order be given dasti to Counsel for OP-2 and                                copy be also sent to the Complainant through Speed Post and                          thereafter file be consigned to record room.”

2.          It is stated that the Ld. District Forum has dismissed the complaint at 12.15 p.m. It is further stated that Counsel for the appellant/complainant was held up in some other court and due to which he had reached at 1.15 p.m. and by that time the complaint has already been dismissed for non appearance.
3.          Nothing contrary is pointed out on behalf of the respondent No. 1.
4.          Respondent No. 2 is already ex-parte.
5.          The reasoning given for non appearance finds support from the affidavit of the appellant/complainant. We find no reasons to disbelieve the same specially when nothing contrary is point out by respondent-1.
6.          In view of the reasoning given for non appearance as well as for effective disposal of the complaint on merits, we accept the appeal and set aside the order dated 9.9.15 and restore the complaint to its original position.
7.          Appellant/complainant is warned to be conscious in future.
8.          Parties to appear before the Ld. District Forum on 1.8.2017. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
9.          Appeal stands disposed of accordingly.
10.          A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the District Forum – II, Qutub Institutional Area, New Delhi for information.

         File be consigned to Record Room.

 

 

 (Justice Veena Birbal)

President

 

(Salma Noor)

Member