Chandigarh

StateCommission

A/240/2015

Rakesh Walia - Complainant(s)

Versus

M/s Max Bupa Health Insurance Co. Ltd. - Opp.Party(s)

Yogender Mohan, Adv.

23 Sep 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

First Appeal No.	:	240 of 2015
Date of Institution	:	21.09.2015
Date of Decision	:	23.09.2015

 

Rakesh Walia S/o Shri Gurdas Ram Walia r/o House No.597, Sector 10, Urban Estate, Panchkula (Haryana).

……Appellant/Complainant.

Versus

1. M/s Max Bupa Health Insurance Co. Ltd., SCO No.55, Top Floor, Sector 8, Chandigarh, through its Branch Manager.
2. The Managing Director, Max Bupa Health Insurance Co. Ltd., Block B1/I-2, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi, 110 044.
3. The Managing Director, Max Bupa Health Insurance Co. Ltd., Regd. Office Max House – 1, Dr.Jha Marg, Okhla, New Delhi 110 0220.

….Respondents/Opposite Parties.

Appeal under Section 15 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

Argued by:

 

Sh.Diwan Sharma, Advocate for the appellant/complainant.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

(ORAL)

 

                 This appeal has been filed by the complainant against an order dated 08.09.2015 passed by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short the Forum) in Consumer Complaint No.493 of 2015, which reads as under :-

       “None has turned up on behalf of complainant. Case has been called several times since morning. Hence, there is no other option but to dismiss the complaint in default. It is ordered accordingly.

Certified copies of this order be sent to the complainant free of cost. The file be consigned.”

2.           It is stated by the Counsel  for the appellant that this appeal has been filed within 15 days from the date when the above order was passed. It is further stated that Counsel  could not appear on the date fixed because one of his family member had suffered heart-attack. It is stated that it was an emergency, on account of that, the Counsel  could not intimate the Court, in time. It is promised by Counsel  for the appellant that such a lapse will not occur in future.  

3.           We feel that explanation given by the Counsel  for the appellant appears to be justified. Otherwise also, it was only the first date and the Opposite Parties had not yet appeared. No loss will be caused to the Opposite Parties, if this impugned order is set aside and the matter is remitted to the Forum for adjudication.

4.           In view of the above, this appeal is allowed with no order as to costs. Order dated 08.09.2015 is set aside. The matter is remitted to the Forum to decide it after issuing notice to the Opposite Parties.  Counsel  for the appellant/complainant is directed to appear before the Forum on 07.10.2015.

5.           Certified copies of this order be sent to the parties, free of charge.

6.           Certified copy of the order be also sent to the Forum concerned.

7.          The file be consigned to Record Room, after completion.

Pronounced.                                         

September 23, 2015.

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

Sd/-

(DEV RAJ)

MEMBER 

 

Sd/-

(PADMA PANDEY)

      MEMBER

 rb