IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 17.11.2014
First Appeal – 1017/2014
Sh. Bhupinder Kumar,
S/o Shri Ramesh Chand,
H.No. 4305, Gali Barna,
Basti Nandram, Pahari Dheeraj,
Delhi-110006.
………Appellant
Vs
Kotak Mahendra Old Mutual
Life Insurance Ltd.,
Ambadeep Building, 7th Level,
Barakhambha Road,
Delhi.
……..Respondent
CORAM
Jutice Veena Birbal, President
Salma Noor, Member
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
Salma Noor, Member
1. Heard Shri Bhupender Kumar, Appellant/Complainant in person, whose complaint was dismissed by the District Forum, M-Block, Vikas Bhawan, New Delhi in default and for non-prosecution on 25.08.2014.
2. Submission of the appellant for his non-appearance before the District Forum on the date fixed is that he was blessed with a daughter on 20.7.2014 and there is no other family member in his family to take care of the child and mother. Therefore, he had failed to appear before the District Forum and the case was dismissed in default. Appellant has filed his own affidavit to support his submission. In the circumstances and interest of justice, appeal is allowed setting aside the dismissal orders dated 25.08.14 and the case is remanded back to the District Forum, M-Block, Vikas Bhawan, New Delhi with the directions that they will issue the notice to the opposite party and decide the case after hearing both the parties. The Appellant/Complainant is directed to appear before the District Forum, M-Block, Vikas Bhawan, New Delhi on 12.01.15.
5. A copy of this order be sent to District Forum, M-Block, Vikas Bhawan, New Delhi for compliance.
