STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

First Appeal No  :            32 of 2015

Date of Institution:           12.01.2015

Date of Decision :            08.05.2015

Manish Gupta s/o Sh. Chaman Lal Gupta, r/o 6341/13, Ahluwalia Building, Ambala Cantt (Haryana), District Ambala.

                                      Appellant-Complainant

Versus

1.      The Zonal Manager, Life Insurance Company Limited, 124, Cannaught Circus, Jeewan Bharti Building, New Delhi - 110001.

2.      Divisional Manager, Life Insurance Company Limited, Division Health United, Division Office, 489, Model Town, Karnal, District Karnal (Haryana).

                                      Respondents-Opposite Parties

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

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

Argued By:          Shri Aditya Verma, Advocate for appellant.

Shri S.K. Mahajan, Advocate for respondents.

O R D E R

NAWAB SINGH J. (ORAL)

This complainant’s appeal is directed against the orders dated June 12^th, 2012 and September 03^rd, 2013 passed by District Consumer Disputes Redressal Forum (for short District Forum), Ambala, whereby, complaint filed by Manish Gupta-complainant was dismissed in default and application for restoring the complaint was dismissed respectively.

2.      Learned counsel for the appellant has urged that on May 15^th, 2012, the complaint was adjourned to July 12^th, 2012.  On July 12^th, 2012 complainant came to the District Forum to attend the hearing of the complaint, he was informed that complaint was dismissed in default on June 12^th, 2012. Complainant moved application for restoration, which was dismissed vide order dated September 03^rd, 2013. 

3.      Learned counsel further urged that in the order dated September 03^rd, 2013 it has been specifically stated by the District Forum that on the file of the complaint, July 12^th, 2012 date was firstly mentioned but lateron it was changed to June 12^th, 2012.  In view of this, there was no fault on the part of the complainant rather for some reason or the other the complaint was adjourned from June 12^th, 2012 to July 12^th, 2012 by the District Forum.  Be that as it may, appeal is accepted and the impugned orders are set aside. The complaint is restored at its original number. The District Forum is directed to decide the complaint expeditiously preferably within a period of three months, which shall be from the date of first appearance of the parties.   

4.      The parties are directed to appear before the District Forum, Ambala on 27.05.2015.

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

UK