NCDRC

NCDRC

FA/765/2013

VIJAY KUMAR SINGH - Complainant(s)

Versus

M/S. CHARAK PATHOLOGY CLINIC & 3 ORS. - Opp.Party(s)

MR. S.P. BAJPAI

28 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 765 OF 2013
 
(Against the Order dated 23/05/2013 in Complaint No. 64/2001 of the State Commission Uttar Pradesh)
WITH
IA/6901/2013,IA/7161/2013
1. VIJAY KUMAR SINGH
S/o. Late Virendtra Singh, R/o. Village Mahnaura, Pargana Gorinda Parsandan,
Tehsil Hasanganj,
District Unnao, Uttar Pradesh
...........Appellant(s)
Versus 
1. M/S. CHARAK PATHOLOGY CLINIC & 3 ORS.
Through Proprietor, Disrector Managing Director, 292/5, Tulsidas Marg Chawk Mandi,
Lucknow
2. KRISHNA MEDICAL CENTRE
THROUGH DR. PIYUSH MITTAL,RANA PARATAP MARG, NEAR MOTI MAHAL COMPOUND,
LUCKNOW
3. NATIONAL INSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER, 4TH FLOOR, HALWASIYA COURT, M.G. MARG, HAZRATGANJ,
LUCKNOW
4. THE BEW INDIA ASSURANCE CO. LTD.,
THROUGH ITS BRANCH MANAGER, BRANCH OFFICE OPPOSITE BASANT CINEMA, LAL BAGH,
LUCKNOW
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. B.C. GUPTA, PRESIDING MEMBER

For the Appellant :
Mr. S. P. Bajpai, Advocate
For the Respondent :

Dated : 28 Feb 2014
ORDER

Heard learned counsel for the appellant. 2. This appeal has been filed against the impugned order dated 31st May, 2012 of the Uttar Pradesh State Consumer Disputes Redressal Commission vide which the complaint was dismissed due to non-prosecution saying that none appeared on behalf of the complainant inspite of uploading the cause list on the website of the Commission on internet. 3. Since the appellant was not present before State Commission on 31st May, 2012, the delay of 40 days in filing the appeal is condoned. 4. It has been argued that the appellant belongs to rural area and he did not have access to the material loaded on the website of the Commission. It has been observed in number of cases that the State Commission has been dismissing the cases on the ground that the party was not present despite loading cause list on the website. To our opinion this practice is not desirable. 5. The appeal is, therefore, allowed and the order dated 31st May, 2012 is set aside. 6. The appellant is directed to appear before State Commission on 21-04-2014, which should issue notice to both the parties and conduct the hearing of the complaint as per procedure/law.

 
......................
DR. B.C. GUPTA
PRESIDING MEMBER

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