NCDRC

NCDRC

RP/2960/2012

HDFC STANDARD LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

MOHINDER PRATAP SURI - Opp.Party(s)

M/S. J & ASSOCIATES

12 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2960 OF 2012
 
(Against the Order dated 14/02/2012 in Appeal No. 670/2009&441/2010 of the State Commission Delhi)
1. HDFC STANDARD LIFE INSURANCE CO. LTD.
Through Mr Suraj Das Guru, Autorized Representative 22, Community Centre New Friends Colony
New Delhi - 110065
Delhi
...........Petitioner(s)
Versus 
1. MOHINDER PRATAP SURI
S/o Late Shri Amarnath Suri R/o A-2/122 Sector-5,Rohini
New Delhi - 110085
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Joy Dip Bhattacharya, Advocate
For the Respondent :
Mr. Rajinder Pal Singh, Advocate

Dated : 12 Oct 2012
ORDER

Order dated 14.02.2012 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in Appeal No. FA-670/09 and FA-441/10 is under challenge in these proceedings. By the impugned order, the State Commission has dismissed the appeal, filed by the petitioner herein due to the non-appearance on behalf of the appellant at the time of the hearing. 2. The reason for non-appearance stated in the memo of revision petition is that the Counsel who was briefed in the matter failed to appear without intimating the petitioner Company and, therefore, he has been de-panelled. 3. Having considered the above aspect and that the appeal filed by the petitioner herein has not been decided on merits, we deem it expedient in the interest of justice to allow the revision petition and set aside the dismissal order of the appeal and restore the appeal on the board of the State Commission to be decided on merits in accordance with law which will be subject to further cost of Rs.5,000/- to be paid to the respondent / complainant in addition to cost of Rs.5,000/- which has already been remitted to the respondent / complainant. Ordered accordingly. 4. Parties are directed to appear before the State Commission on 19.11.2012 for further directions. However, we make it clear that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to decide the appeal in accordance with law. Since the appeal pertains to the year 2009 and on the request of the respondent, we direct that the State Commission shall decide the appeal as expeditiously as it may be practicable but not later than three months from the said date of the appearance before the State Commission.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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