Haryana

StateCommission

A/1147/2016

SEEMA - Complainant(s)

Versus

KOTAK LIFE INSURANCE & OTHERS - Opp.Party(s)

AMIT SINGLA

07 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    1147 of 2016

Date of Institution:  02.12.2016

Date of Decision:    07.02.2017

 

Smt. Seema wife of late Shri Rahul, resident of Village and Post Office Dharamgarh, Tehsil Madlauda, District Panipat, Haryana.

 

….Appellant-Complainant

Versus

 

1.      Kotak Life Insurance, branch office/issuing office, SCO-250, Sector-12, Karnal, District Karnal, through its Manager.

 

2.      Kotak Life Insurance, registered office 9^th floor Godrej Coliseum, behind Everard Nagar, Sion East, Mumbai-400022, through its Manager.

…Respondents-Opposite Parties

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. Satpal Dhamija, proxy counsel for Mr. Amit Singla, counsel for the appellant.

Mr. Chetan Gupta, counsel for the respondents.    

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Seema–complainant against the order dated October 25^th, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby, the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that the Clerk of the counsel appearing on behalf of the appellant before the District Forum wrongly noted the date, due to which counsel could not appear on the date fixed and the complaint was dismissed in default. 

3.      The complaint was dismissed in default because the counsel of the appellant did not appear before the District Forum. So, it cannot be said that there was negligence or a will not to pursue the complaint by the complainant. Therefore, this Commission deems it appropriate to restore the complaint. 

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication.

5.      The parties are directed to appear before the District Forum on February 22^nd, 2017.

6.      Copy of this order be sent to the District Forum.

  

 

Announced 07.02.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

D.R.