NCDRC

NCDRC

RP/1234/2023

SYED AMIN CHOUDHARY - Complainant(s)

Versus

LIFE INSURANCE CORPORATION - Opp.Party(s)

MR. M. TARIQUE SIDDIQUI, MANISH GUSAIN & JYOTSNA BHARDWAJ

15 May 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1234 OF 2023
 
(Against the Order dated 13/01/2023 in Appeal No. 748/2014 of the State Commission Delhi)
1. SYED AMIN CHOUDHARY
...........Petitioner(s)
Versus 
1. LIFE INSURANCE CORPORATION
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :
MR. TARIQUE SIDDIQUE, ADVOCATE WITH
MS. JYOTSNA BHARDWAJ, ADVOCATE
For the Respondent :
MR. MOHIT AULUCK, ADVOCATE
WITH MS. AANCHAL KAPOOR, ADVOCATE

Dated : 15 May 2023
ORDER

1.       Heard counsel for the parties.

2.       The present revision has been filed against the Order dated 13.01.2023 by which State Consumer Disputes Redressal Commission, Delhi has dismissed the appeal for want of prosecution.

3.       In the impugned Order the State Commission has noticed that the appellant did not appear on 24.09.2021, 21.03.2022 and 20.05.2022 and again on 13.01.2023. 

4.       Counsel for the petitioner, however, states that on 21.03.2022 150 cases were adjourned by a common Order and as such the next date could not be noticed by the counsel and no information was given to the petitioner and, therefore, the petitioner could not appear on subsequent dates i.e. on 20.05.2022 and 13.01.2023.

5.       Counsel for the respondent also proposed to decide the appeal on merits.  

6.       Cause shown is sufficient.  Order dated 13.01.2023 is set aside. Revision is allowed. The matter is remanded to the State Commission for deciding the appeal before it on merits afresh.  Both the parties appearing before this Commission shall appear before the State Commission on 05.07.2023. On that date the State Commission shall fix a date with the convenience of the parties for hearing the matter on merits and deciding the same on merits.    

 
....................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER
 
 
....................................J
KARUNA NAND BAJPAYEE
MEMBER

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