NCDRC

NCDRC

FA/89/2012

M/S. STANDARD RADIO PVT. LTD. - Complainant(s)

Versus

ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

M/S. R.K. DHAWAN & ASSOCIATES

19 Jul 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 89 OF 2012
 
(Against the Order dated 06/01/2012 in Complaint No. 203/2009 of the State Commission Delhi)
1. M/S. STANDARD RADIO PVT. LTD.
2/12, First Floor, Ansari Road, Darya Ganj,
New Delhi
...........Appellant(s)
Versus 
1. ICICI LOMBARD GENERAL INSURANCE CO. LTD. & ANR.
Green Park Extension, S-13, First Floor, & Second Floor, Uphaar Cinema Complex,
NEW DELHI
2. KOTAK MAHINDRA PRIME LTD.,
Plot No. 4, Unit No. 101, DDA Centre, Laxmi Nagar,
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Appellant :
Mr. R.K. Dhaon, Advocate
Mr. S. Joshi, Advocate
For the Respondent :
Mr. Piyush Kumar, Advocate
Mr. Ajay Kumar Wadhwa, Advocate

Dated : 19 Jul 2012
ORDER

Heard learned counsel for the parties. Learned counsel for the appellant submitted that matter was fixed for final arguments before State Commission on 2.1.2012 but neither the complainant nor his counsel could appear before the State Commission -2- and complaint was dismissed in default. On that date respondent No.1 was also not present but counsel for respondent No.2 was present before the State Commission. Restoration application filed by complainant was dismissed by the learned State Commission by order dated 6.1.2012 and this order is in accordance with law which cannot be set aside but as far as order dated 2.1.2012 is concerned, learned counsel for the respondents has no objection in setting aside the order and restoring the matter and directing the State Commission to decide the matter on merits. As there is no objection to the respondents in allowing this appeal, in the interest of justice appeal is allowed and order dated 2.1.2012 passed by learned State Commission in Complaint No.203/2009 (Standard Radio Pvt. Ltd. vs. ICICI Lombard General Insurance Co. Ltd. & Anr.) is set aside and complaint is restored at its original number. Parties are directed to appear before State Commission on 28.8.2012. There will be no order as to costs.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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