Haryana

StateCommission

A/1099/2016

RAJ KUMAR - Complainant(s)

Versus

MEGMA HDI GEN.INSURANCE CO. - Opp.Party(s)

ANKIT AGGARWAL

16 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    1099 of 2016

Date of Institution:  17.11.2016

Date of Decision:    16.02.2017

 

Raj Kumar son of Sh. Sahab Singh, resident of Gopi Wali Gamri, Tehsil and District Karnal.

Appellant-Complainant

 

Versus

 

1.      Megma HDI General Insurance Company Limited, Branch Office situated at SCO 13, Sector 3, HSIDC, Near Namastey Chowk, Karnal through its Divisional Manager.

 

2.      Megma HDI General Insurance Company Limited, Megma House, 24, Park Street, Kolkatta-7000016 through its General Manager.

Respondents-Opposite Parties

 

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

                   Mr. Balbir Singh, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     Mr. Ankit Aggarwal, Advocate for the appellant.

                   Mr. Pankaj Mehta, Advocate for the respondents.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Raj Kumar-complainant by challenging the order dated September 29^th, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the petitioner has urged that the complainant wrongly noted the date, due to which he could not appear on the date fixed and complaint was dismissed in default. 

3.      He further urged that the impugned order be set aside and complaint be restored at its original number.

4.      Be that as it may and without delving deeper, the appeal is accepted and the impugned order is set-aside subject to the conditional cost of Rs.3000/- to be paid by the appellant-complainant to the opposite party before the District Forum. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The parties are directed to appear before the District Forum on March 08^th, 2017.

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

  

 

Announced 16.02.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK