IN THE STATE COMMISSION :DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                                                                                 Date of Decision: 12.08.2014

First Appeal – 722/2014

Mrs Sujata Kaul,

161-C, Pocket-A,

Mayur Vihar Phase-II,

New Delhi-110091.

………Appellant

Vs

Max-Bupa Health Insurance Co. Ltd.,

D-1, II Floor,

Salcon Ras Vilas,

Distt. Center: Saket,

New Delhi-110017.

……..Respondent

CORAM

Salma Noor, Presiding Member

NP Kaushik, Member(Judicial)

1.   Whether reporters of local newspaper be allowed to see the judgment? 

2.   To be referred to the reporter or not?

Salma Noor, Presiding Member

1.     In a complaint case bearing No.561/2013 Sujata Kaul vs Max-Bupa Health Insurance Company Limited & Others filed before District Forum-II, Qutab Institutional Area, New Delhi  on 25.4.14, the Complainant was not present and the Forum dismissed the complaint for non-prosection.

2.      That is what brings the Appellant in appeal before this Commission.

3.     We have heard Shri G.P. Singh, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.      The version of the complainant/appellant for her non-appearance on 25.4.2014 before District Forum is that she was unable to attend the forum on medical grounds.  Therefore, she could not appear before the District Forum and the case was dismissed for non-prosecution. In support of his contention, the Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. It has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case and the matter be decided on merit. We therefore, allow the appeal setting aside the dismissal orders dated 25.04.2014 in question, and remand the case back to District Forum-II, Qutab Institutional Area, New Delhi  with a direction to restore the complaint on its original number, and to further proceed in the case according to law. The Appellant/ Complainant is directed to appear before the District Forum-II, Qutab Institutional Area, New Delhi on 10.11.14.    

5.   A copy of this order be sent to District Forum-II, Qutab Institutional Area, New Delhi to keep it on complaint file and for compliance.