IN THE STATE COMMISSION

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

Date of Decision: 31.10.2014

First Appeal No. – 971/2014

Gajender Singh Tyagi

D-4, Kiran Garden

Uttam Nagar

New Delhi-110059.  

                                                                                   …….Appellant

Versus

Oriental Insurance Company Ltd.

DO- 29

88 Ground Floor

Janpath

New Delhi-110001.                                                        .….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member (Judicial)

Salma Noor, Member

1.         This is an appeal filed against the order of the District Forum North East-IV Nand Nagri, New Delhi dated 05.09.2014 in complaint case no. 214/2014 by which the complaint of the complainant was dismissed in complainant’s default.

2.          We have heard Sh. Rajesh Kumar, counsel for the appellant in this appeal and perused the record.

3.           The version of the complainant for his non appearance before the District Forum on the date fixed is that his counsel failed to appear before the District Forum due to sudden illness and complaint of the complainant was dismissed in default. To support of his contention the appellant has filed his own affidavit. We do not find any plausible reason to disagree with the appellant’s version. Under the circumstances, we allow the appeal and setting aside the dismissal order dated 05.09.2014 in question and remand the case back to District Forum North East-IV Nand Nagri, New Delhi with a direction to restore the complaint to its original number, and to further proceed in the case with accordance of law, issuing notice to the opposite party. The appellant/complainant is directed to appear before the District Forum on 17.12.2014.

5)            Copy of this order be sent to District Forum North East-IV Nand Nagri, New Delhi for information and to keep it on record and compliance. File be consigned to record room.