NCDRC

NCDRC

RP/810/2020

VINOD JAIN & 2 ORS. - Complainant(s)

Versus

ORIENTAL INSURANCE COMPANY LTD. - Opp.Party(s)

MR. ATUL DHARIWAL & RASHI DHARIWAL

25 Aug 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 810 OF 2020
 
(Against the Order dated 29/01/2020 in Appeal No. 2292/2012 of the State Commission Madhya Pradesh)
1. VINOD JAIN & 2 ORS.
S/O. LATE SHRI JORAWARMAL JAIN, R/O. 52, NAYA BAZAAR, MALVIYA CHOWK,
JABALPUR
MADHYA PRADESH
2. VIKRANT JAIN
S/O. SHRI VINOD JAIN(LEGAL HEIR OF LATE SMT. KIRAN JAIN)R/O. 52, NAYA BAZAAR, MALVIYA CHOWK,
JABALPUR
MADHYA PRADESH
3. RICHA JAIN SARUPRIYA
W/O. SHRI ANKIT SARUPRIYA(LEGAL HEIR OF LATE SMT. KIRAN JAIN)R/O. 52, NAYA BAZAAR, MALVIYA CHOWK,
JABALPUR
MADHYA PRADESH
...........Petitioner(s)
Versus 
1. ORIENTAL INSURANCE COMPANY LTD.
THROUGH DIVISIONAL MANAGER, HAVING ITS OFFICE AT 6,7,8 DATT RESIDENCY OPP. RAILWAY STATION, NORTH CIVIL LINE,
JABALPUR
MADHYA PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :NEMO
For the Respondent :

Dated : 25 Aug 2021
ORDER

Taken up through video conferencing.

1.       Repeatedly called out. 

No one appears on behalf of the petitioners. 

2.       Perused the record.

The proceedings before the Registrar of this Commission on 17.08.2021 are reproduced below:-

“None present on behalf of the Petitioner.

“The instant Revision Petition was filed way-back on 03/09/2020.

The matter was listed on five occasions viz. on 19/10/2020, 04/12/2020, 13/01/2021, 09/02/2021, 05/04/2021 and, on each occasion, sufficient time was granted to cure the defects and further, on each date of hearing, though none was present, copy of days’ Proceedings was sent to the Petitioner/Learned Counsel for the Petitioner, for information and necessary action.

“In spite of the Proceedings (passed on the abovesaid dates) being sent to the Petitioners/Learned Counsel for the Petitioner (Sh. Atul Dhariwal), till date (i.e.17/08/2021), neither the defects have been cured, nor is anyone present today, on behalf of the Petitioners. On going through the Record, it is seen that Sh. Atul Dhariwal had filed his Vakalatnama on behalf of the Petitioners in the year 2020, itself.

“It is almost one year, since the date of the filing of the instant Revision Petition and the defects have not been cured. It appears that the Petitioners/Learned Counsel for the Petitioners are not interested to pursue their case.

            “List the matter before the Hon’ble Bench on 25/08/2021, for the kind perusal of the Hon’ble Commission.”

The petition was filed on 03.09.2020 accompanied with an application for condonation of delay. In para 6 thereof, the number of days for which the condonation of delay is being sought has been left blank. 

As reported in the Registry’s note dated 23.08.2021, the following defects have not been cured since 03.09.2020 “(i) Index, list of dates & events not filed; (ii) Memo of parties not filed; (iii) English translation copy of state commission as well as district forum order not filed; (iv) Copies of complaints, reply, rejoinder and evidence not filed; (v) Typed copy of annexure-D in legal page not filed; (vi) Copy of filing Proforma and certificate are not filed; (vii) Notarized affidavit in support of all pleadings not filed; (viii) Revision petition not filed as per format; and (ix) PDF not received.”

3.       In the proceedings before the Registrar on 17.08.2021 no one appeared on behalf of the petitioners. 

4.       Today no one appears  before the Bench. 

5.       The revision petition no. 810 of 2020 is dismissed in default for lack of prosecution. 

6.       The Registry is requested to send a copy each of this Order to all the parties in the petition and to the learned counsel for the petitioners within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.     

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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