Delhi

StateCommission

A/324/2017

SUKHJINDER GILL & ANR. - Complainant(s)

Versus

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

ANKIT DAGAR

17 Jan 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.324/2017

(Arising out of the order dated 27.01.2017 passed in Complaint Case No.97/2016 by the District Consumer Disputes Redressal Forum –III, Janak Puri, New Delhi)

 

 

Smt. Sukhjinder Gill                                                                    … Appellant

 

Versus

 

ICICI Lombard Insurance Ltd. & Anr.                                      … Respondents

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

For the Appellant :	Mr. Sushant Kumar, Advocate.
For the Respondent:	Ms. Esha Verma Arora, Advocate

 

 

Dated: 17^th January, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                 By way of this appeal challenge is made to the order dated 27.01.2017 passed by the District Consumer Disputes Redressal Forum (West) in CC No.97/2016 by which the complaint filed by the appellant/complainant has been dismissed for non-appearance.

                 Appeal is opposed by the respondent by filing reply. It is stated that the complaint case was at the stage of filing of rejoinder and service of respondent No.2 when it was dismissed for non-appearance of the appellant/complainant. 

                 Keeping in mind that the matter has not been decided on merit as well as the reasoning given for non-appearance before the Ld. District Forum, we accept this appeal, set aside the impugned order and restore the complaint to its original position. Appellant/complainant is warned to be cautious in future.

                 Appellant/complainant shall appear before District Forum on 28.02.2018. Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with law.

                 File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member