Uttarakhand

StateCommission

A/16/255

Sh. Kushalpal Singh - Complainant(s)

Versus

National Insurance Company Limited - Opp.Party(s)

Sh. Amit Sharma

18 Jan 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
176 Ajabpur Kalan,Mothrowala Road,
Dehradun-248121
Final Order
 
First Appeal No. A/16/255
(Arisen out of Order Dated 01/05/2015 in Case No. CC/457/13 of District Dehradun)
 
1. Sh. Kushalpal Singh
S/o Sh. Rati Ram Singh, R/o Near Agappe School, Gumaniwala, Tehsil Rishikesh, District Dehradun
Dehradun
Uttarakhand
...........Appellant(s)
Versus
1. National Insurance Company Limited
Kohli Market, Tehsil Rishikesh, District Dehradun service through its Branch Manager
Dehradun
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE B.S. Verma PRESIDENT
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Appellant:
For the Respondent:
Dated : 18 Jan 2018
Final Order / Judgement

Order Passed

Sh. Amit Sharma, learned counsel for the appellant and Sh. Deepak Ahluwalia, learned counsel for respondent are present.

Heard on delay condonation application.

Since the consumer complaint was dismissed for want of prosecution, therefore, delay condonation application has been filed on the ground that the intimation of dismissal was not given by the counsel within time.

Learned counsel for respondent has no objection, if the delay is condoned.  Therefore, we condoned the delay of 199 days in filing the appeal and allowed the delay condonation application. 

Heard on admission.

Admit the appeal.

Learned counsel for both the parties have requested that in the interest of justice the matter be remanded back to the District Forum to be decided on merit.

Therefore, we set aside impugned order dated 01.05.2015 passed by the District Forum.

By the consent of learned counsel for the parties, the matter is remanded back to the District Forum, Dehradun and District Forum is directed to give opportunity for filing evidence.  It is further directed that the District Forum shall decide the consumer complaint after hearing of the parties expeditiously as far as possible.  No order as to costs.

 
 
[HON'BLE MR. JUSTICE B.S. Verma]
PRESIDENT
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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