Delhi

StateCommission

A/544/2015

RAVI DUTT SHARMA - Complainant(s)

Versus

NATIONAL INSURANCE CO. & ANR. - Opp.Party(s)

10 Mar 2016

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 10.03.2016

 

 

Appeal No.544/2015

(Arising out of the order dated 04.08.2015 passed in Complaint Case No.207/14 by the

District Consumer Redressal Forum(Central), Delhi

 

In the matter of:

 

Shri Ravi Dutt Sharma,

S/o Shri Jugal Kishore Sharma

R/o C-2, Block –C, Raja Garden

New Delhi.

                                     …..........Appellant

 

 

Versus

 

1. National Insurance Company ,

Through its Branch Manager,

2E/9, Jhandewalan Extension,

New Delhi.

 

2. Shri Mukesh Aggarwal,

Surveyor of NIC,

Delhi Regional Office-II,

 

3. UP Mahaprandhak NIC

2E/9, Jhandewalan Extension,

New Delhi.

                                                            ….….....Respondent

                                                                

CORAM

Justice Veena Birbal, President.

Ms. Salma Noor, Member.

 

 

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

 

 

 

 

Justice Veena Birbal, President

 

1. This is an appeal where prayer is made for setting aside of the order dated 04.08.2015 passed in Consumer Case No.207/14 whereby complaint case of the appellant herein i.e. complainant before the District Forum has been dismissed for non-appearance.
2. Alongwith the appeal there is an application for condonation of 64 days delay in filing this appeal.
3. It is stated in the application that the consumer case was listed before the District Forum on 02.07.2015. It is stated that the appellant/complainant is a senior citizen of 77 years and is not enjoying good health and due to said reason he was late in appearing before the District Forum on 02.07.2015 and when he appeared he was informed that his case had been adjourned to 04.08.2015. However, the appellant/complainant heard the date wrongly and noted the next date as 08.09.2015. On the said date i.e. 08.09.2015 when the appellant/complainant appeared before the District Forum, he had come to know that the matter was not listed and on enquiry he was informed that the complaint case had already been dismissed for non-appearance on 04.08.2015.
4. Thereupon appellant/complainant contacted his lawyer, however, he had gone to his native place and was on bed rest due to dengue fever and resumed his work only on 10.10.2015, and thereafter prepared the appeal on 11.10.2015 and subsequently the same was filed before this Commission and due to said process, the delay of 64 days has been caused in filing this appeal. The application is supported with the affidavit of the complainant.
5. The application is opposed  on behalf of the respondent No.1 and 3 orally. However, considering the reasoning given in the application which is supported with the affidavit of the appellant/complainant, we find no reason to disbelieve the same. Accordingly, the delay in filing the present appeal is condoned.
6. For the same reasons as have been stated above, and keeping in mind that the appellant/complainant will be greatly prejudiced in case the impugned order is not set aside as appellant/complainant will be deprived of his valuable right of contesting the case, we accept the present appeal and set aside the impugned order and restore the complaint to its original number.
7. The parties shall appear before District Forum on 21.04.2016. The Ld. District Forum shall proceed with the matter in accordance with law. In case of non-appearance of respondent No.2 before the Consumer District Forum on the aforesaid date, the District Forum shall also issue fresh notice to him and thereafter shall proceed further in the matter.
8. The appeal stands disposed of.
9. Copy of this order be sent to the District Forum(Central) for information and keeping it on record for compliance

              File be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

(Salma Noor)

Member