NCDRC

NCDRC

RP/2462/2009

M/S LIFE INSURANCE CORPORATION OF INDIA - Complainant(s)

Versus

MR. S.M. ALLAUDIN - Opp.Party(s)

MR. NIKHIL JAIN

12 May 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2462 OF 2009
(Against the Order dated 20/04/2009 in Appeal No. 94/2009 of the State Commission Bihar)
1. M/S LIFE INSURANCE CORPORATION OF INDIATHE MANAGER (CLAIM), LIC OF INDIA, PATNA DIVISIONAL OFFICEJEEVAN PARKASH, MAZHARUL HEQUE PATHPATNA P. B. #135, PATNA, BIHAR ...........Petitioner(s)
Versus
1. MR. S.M. ALLAUDINS/O S. SALEEM, PHULWARISHARIF POLICE STATION CAMPUS,PHULWARISHARIFPATNA 801 505 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBERHON'BLE MR. S.K. NAIK ,MEMBER
For the Petitioner :MR. NIKHIL JAIN
For the Respondent : MR. AKASH SINHA

Dated : 12 May 2010
ORDER

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Learned counsel for petitioner present. In terms of our direction notice was issued to respondent and also counsel for parties. However none put appearance for respondent today. After door of consumer fora was knocked by respondent, it is brought to our notice that though petitioner filed written statement they did not participate in proceedings subsequently. Even before State Commission when appeal was filed State Commission in view of gross delay in filing appeal dismissed appeal without going into merits of case. Now petitioner is in revision. The grievance of petitioner Corporation was that though they did not get opportunity to defend their case before both fora below, in the circumstances we direct petitioner Corporation to pay Rs. 5,000/- to respondent, the delay in filing appeal is hereby condoned and matter is remitted back to District Forum for fresh consideration of issues giving due opportunity to parties.



......................JB.N.P. SINGHPRESIDING MEMBER
......................S.K. NAIKMEMBER