NCDRC

NCDRC

FA/2206/2018

VIDYA METALS MFG. CO. (P) LTD. - Complainant(s)

Versus

REGIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED - Opp.Party(s)

M/S. R.K. KOHLI & CO.

14 Nov 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2206 OF 2018
 
(Against the Order dated 16/08/2018 in Complaint No. 413/2014 of the State Commission Delhi)
1. VIDYA METALS MFG. CO. (P) LTD.
THROUGH A.R./DIRECTOR MR PRASHANT GOYAL D-13, S.M.A, COOPERATIVE INDUSTIRAL ESTATE LTD GT KARNA ROAD
NEW DELHI 110 033
...........Appellant(s)
Versus 
1. REGIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED
10 FLOOR HANSALAYA BUILDING 15 BARAKHAMBA ROAD
NEW DELHI 110 001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Appellant :
Mr.R.K.Kohli, Advocate &
Mr.Bhaskar Nayak, Advocate
For the Respondent :
Mr.P.K.Seth, Advocate
Ms.Apoorva Saxena, Advocate

Dated : 14 Nov 2019
ORDER

Heard both the parties.

Learned counsel for the appellant states that the matter was dismissed in default vide impugned order dated 16.08.2018 by the State Commission as the associate of the counsel got married and did not update the record and therefore nobody could pursue the case.  As

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there was no information of dismissal of the case, they could not file the appeal in time and the delay occurred.  The delay may be condoned on the grounds as mentioned in the application for condonation of delay.  Learned counsel further states that the claim was for about Rs.38 lakhs, however, it has been settled for Rs.8 lakh only and therefore complaint has been filed for the remaining amount.

          The complainant has also filed other daily order-sheets of the State Commission.  In most of the dates, the counsel for the appellant has been present.  On 25.01.2017, complainant has sought eight weeks’ time for filing the rejoinder and evidence however nobody has appeared on the date fixed and no rejoinder and evidence has been filed on that date.

In the interest of justice, the appeal is allowed at a cost of Rs.15,000/- to be paid to the respondent for condoning the delay within a period of four weeks’ and the order dated 16.08.2018  passed by the State Commission is set aside and the matter is remanded to the State Commission to proceed from the stage from which it was left at a cost of Rs.20,000/-  to be deposited with the legal aid account of the State Commission, Delhi within a period of four weeks.  The learned State Commission shall proceed with the complaint case after the cost of Rs.15,000/- has been paid to the respondent and a cost of Rs.20,000/- has been deposited with the legal aid account of the State Commission.  Cost be paid and deposited within a period of four weeks and ultimately on or before the next date before the State Commission.

The parties are directed to appear before the State Commission on 13.12.2019.

 
......................
PREM NARAIN
PRESIDING MEMBER

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