Rajasthan

StateCommission

A/1479/2015

Jagnam Singh s/o Jaskaur Singh - Complainant(s)

Versus

Life Ins. Co. Ltd. through Manager - Opp.Party(s)

Ajay Tantia

18 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 1479 /2015

 

Jagnam Singh r/o Chak 7 Jaick Tehsil & District Sriganganagar.

Vs.

 

Life Insurance Corporation of India , Jeevan Jyoti Sector 7, Jawahar Nagar, Br.Office Near Chahal Chowk, Sriganganagar through Manager & ors.

 

Date of Order 18.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr.Ajayraj Tantia counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the

2

 

learned DCF, Sriganganagar dated 7.10.2015 whereby original complaint has been dismissed as time barred.

 

The contention of the appellant is that earlier he filed the claim before the permanent Lok Adalat. On 29.7.2015 it was withdrawn from there and thereafter filed before the District Forum hence, as per Sec..14 (1) of the Limitation Act the delay should have been condoned.

 

Heard the counsel for the appellant and perused the impugned judgment.

 

During the course of arguments it has rightly been accepted by the counsel for the appellant that no application u/s 24 A (2) of Consumer Protection Act has been submitted before the Forum below and the only prayer of the counsel for the appellant is that the matter should be remanded back to the Forum below with liberty to file the appropriate application.

 

In view of the above the order of the Forum below dated 7.10.2015 is set aside and the matter is remanded back to the Forum below with liberty to the complainant appellant to file

 

3

 

the proper application before the Forum below u/s 24 A (2) of the Consumer Protection Act. It is needless to say that the Forum below will hear the party and decide according to law. The appellant is directed to appear before the District Forum on 11.4.2016.

 

(Kailash Soyal) (Nisha Gupta )

Member President

nm