Order Passed

Sh. Deepak Ahluwalia, learned counsel for the appellant and Sh. Amit Sharma, learned counsel for respondent are present.

Heard on delay condonation application.

Since the consumer complaint was proceeded ex-parte against the opposite party and the consumer complaint was also dismissed for want of prosecution.  The delay condonation application has been filed on the ground that the intimation of dismissal was not given by the counsel within time.

Learned counsel for respondent has no objection, if the delay is condoned.  Therefore, we condoned the delay of 1 year, 10 months and 3 days’ in filing the appeal and allowed the delay condonation application. 

Heard on admission.

Admit the appeal.

Learned counsel for both the parties have requested that in the interest of justice the matter be remanded back to the District Forum to be decided on merit.

Therefore, we set aside the impugned order dated 01.05.2015 passed by the District Forum.

It is made clear that the written statement filed before the appellate court by the National Insurance Co. Ltd., which has not been admitted be returned to the counsel for the appellant to be filed before the District Forum.

By the consent of learned counsel for the parties, the matter is remanded back to the District Forum, Dehradun and District Forum is directed to give opportunity for filing written statement/reply as well as evidence.  It is further directed that the District Forum shall decide the consumer complaint after hearing of the parties expeditiously as far as possible.  No order as to costs.