NCDRC

NCDRC

RP/3691/2017

AVIVA LIFE INSURANCE CO. INDIA LTD. - Complainant(s)

Versus

JOHN BEHERA - Opp.Party(s)

M/S. J & ASSOCIATES

05 Feb 2020

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3691 OF 2017
 
(Against the Order dated 03/07/2017 in Appeal No. 368/2016 of the State Commission Orissa)
1. AVIVA LIFE INSURANCE CO. INDIA LTD.
REGISTERED OFFICE 2ND FLOOR, PRAKASHDEEP BUILDING, 7, TOLSTOY MARG,
NEW DELHI-110001
...........Petitioner(s)
Versus 
1. JOHN BEHERA
S/O. LT. RAIBARIA BEHERA, R/O. VILLAGE BALIGARI, PO HARIDASPUR, PS. DHARMASALA,
DISTRICT-JAJPUR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. JUSTICE DEEPA SHARMA,PRESIDING MEMBER

For the Petitioner :
Mr.Hitesh Kumar, Advocate &
Mr.Raghav Anthwal, Advocate
For the Respondent :MR.SAROJ KUMAR SWAIN

Dated : 05 Feb 2020
ORDER

Learned counsel appearing on behalf of the respondent/complainant submits that he has no objection if the impugned order be set aside subject to cost and matter be remanded back to the State Commission for decision on merit and only one opportunity to argue the case on merit be given to the petitioner. 

    In view of these submissions of the respondent/complainant, the impugned order dated 3.7.2017 is hereby set aside on payment of cost of Rs.25,000/- and the delay of 111days in filing the appeal before the State Commission is hereby condoned on payment of cost of Rs.25,000/- by the

 

-2-

petitioner.  The petitioner is given one opportunity to argue his case on merit before the State Commission.

    Parties are directed to appear before the State Commission on 14.04.2020.

    With these directions, the present revision petition stands disposed of.  The cost shall be paid to the respondent/complainant within four weeks by way of demand draft.

 
......................J
DEEPA SHARMA
PRESIDING MEMBER

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