NCDRC

NCDRC

RP/2843/2014

P.K RADHAKRISHNAN MENON - Complainant(s)

Versus

ICICI PRUDENTIAL LIFE INSURANCE COMPANY LTD & ANR. - Opp.Party(s)

MR. KAPIL P. SHETYE

12 Nov 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2843 OF 2014
 
(Against the Order dated 10/04/2014 in Appeal No. 966/2011 of the State Commission Maharastra)
1. P.K RADHAKRISHNAN MENON
42 VENUS APARTMENTS, 564-A GOLF LINKS A SOARES ROAD,CHEMBUR,
MUMBAI - 400 071
MAHARASHTRA
...........Petitioner(s)
Versus 
1. ICICI PRUDENTIAL LIFE INSURANCE COMPANY LTD & ANR.
ICICI PRULIFE TOWERS,1089 APPASAHEB MARATHE MARG, PRABHADEVI,
MUMBAI - 400 025
MAHARASHTRA
2. VINOD SILK MILLS COMPOUND,
CHAKRAVERTY, ASHOK NAGAR, ASHOK ROAD, KANDIVALI (EAST)
MUMBAI - 400101
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Kamal Gupta, Advocate
For the Respondent :
Mr. Avinash Kumar, Advocate

Dated : 12 Nov 2014
ORDER

Counsel for the parties present.

          The case was dismissed in default by the State Commission vide order dated 10.04.2014. The Impugned order of the State Commission runs as follows:

None present for the Appellant as well as Respondent even on second call. On the previous date, today’s date was fixed as per convenience of both the parties. Today the Appellant preferred to remain absent without any sufficient reason and did not advance his oral submissions. Present appeal is pending since the year 2011. It is not desirable to prolong the old matter. Hence, the appeal stands dismissed in default. Parties shall bear their own costs.

Prounounced and dictated on 10th April, 2014

Arguments heard.

Respondent has no objection if the case is restored, subject to payment of heavy cost. The cost be paid in a sum of Rs.15,000/- to the Consumer Legal Aid Account of the National Commission within 3 weeks.

In the interest of justice, we restore the case.

The parties are directed to appear before the State Commission on 02.01.2015. The State Commission will see that the cost stand paid, otherwise, it will dismiss the case of the Petitioner.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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