NCDRC

NCDRC

RP/2524/2012

R.S. MALIK - Complainant(s)

Versus

RELIANCE GENERAL INSURANCE CO. LTD. - Opp.Party(s)

IN PERSON

12 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2524 OF 2012
 
(Against the Order dated 07/02/2011 in Appeal No. 102/2009 of the State Commission Delhi)
1. R.S. MALIK
26-27, Western Wing, Tis Hazari Court,
Delhi-110054
Delhi
...........Petitioner(s)
Versus 
1. RELIANCE GENERAL INSURANCE CO. LTD.
Through Signatory, C-151, Okhala Industrial Area, Phase-I
New Delhi
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 12 Sep 2012
ORDER

Order dated 07.02.2011 passed by the Delhi State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 2009/102 is questioned in these proceedings. By the said order the State Commission dismissed the appeal of the petitioner herein due to the default of the appellant in appearance before the State Commission. It appears that thereafter appellant filed application for setting aside the dismissal order and restoration of the appeal which too was dismissed by the State Commission vide order dated 12.04.2012 on the ground that it had no jurisdiction to recall its order. 2. Heard petitioner in person. He explains that he could not appear before the State Commission when the appeal was taken up for hearing as he had returned from Dehradun and could not reach the State Commission in time. Accepting his explanation and that the appeal has not been considered on merits, we are of the view that, it would be expedient in the interest of justice to set aside the impugned order of the dismissal of the appeal and to restore the appeal on the Board of the State Commission to decide the appeal on merits. We order accordingly. The revision petition stands disposed off accordingly. 3. Petitioner is directed to appear before the State Commission on 10.10.2012 for further directions. Needless to mention that we have not bestowed any consideration to the merits of the appeal and the State Commission will be free to decide the appeal in accordance with law.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

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