Haryana

StateCommission

A/1011/2024

RAJESH CHAUDHAURY - Complainant(s)

Versus

RELIANCE GENERAL INSURANCE COMPANY - Opp.Party(s)

ROHIT GOSWAMI

30 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA  

                                                                  Date of Institution: 08.08.2024

                Date of hearing: 30.08.2024

                      Date of pronouncement: 30.08.2024

                                               

First Appeal No.1011 of 2024

Rajesh Chaudhary S/o Sh. Mam Chand, R/o H.No. 4, Rampura Kata Bahg, Meerut Road, Karnal.                                                                        .….Appellant

Versus

 

The Reliance General Insurance Company Ltd., Reliance Centre, 19, Walchand Hirachand Marg, Ballard, Estate, Mumbai-400001, through its Managing Director.                                                                                            ….Respondent

CORAM:   Mr. Naresh Katyal, Judicial Member.

                   Mr. S.C. Kaushik, Member. 

         

Present:-    Mr. Rohit Goswami, counsel for appellant.

O R D E R

PER: NARESH KATYAL, JUDICIAL MEMBER:             

                             In this appeal; order dated 05.07.2024 passed by learned District Consumer Disputes Redressal Commission-Karnal has been questioned by appellant. Through this order, complainant’s complaint has been dismissed. Reason flowing from impugned order dated 05.07.2024 is that: complainant availed several effective opportunities to lead evidence but failed to lead the same.

2.       Feeling dissatisfied, this appeal has been filed.

3.       Learned counsel for appellant has been heard at length.

4.       On subjectively and critically analyzing the contentions of learned counsel for appellant and while keeping in view integral part of impugned order dated 05.07.2024 vide which complaint has been dismissed; this Commission does not see any necessity to issue notice of this appeal to respondent, at this moment for the reason that it will save the parties to this lis from the burden of unnecessary expenses. Accordingly, in the interest of justice and with a view to enable the appellant/complainant to bring his complaint to its logical end by leading evidence(oral as well as documentary), this Commission grants complainant ‘only one effective opportunity’ to lead its evidence (oral as well as documentary) before learned District Consumer Commission- Karnal. This being so; present appeal is hereby allowed and impugned order dated 05.07.2024 passed by learned District Consumer Commission-Karnal is set aside. Complaint No. 722 of 2022 titled “Rajesh Chaudhary Vs. The Reliance General Insurance Company Ltd.” is ordered to be restored on the Board of learned District Consumer Commission-Karnal. Complainant is hereby granted ‘one effective opportunity only’ to lead his evidence. He would now appear before learned District Consumer Commission-Karnal on 26.09.2024. Thereafter, learned District Consumer Commission-Karnal would grant him one effective opportunity to lead and conclude his evidence. Above concession awarded to complainant/appellant would however, be subject to payment of cost of Rs.7,500/- to be deposited by complainant-Rajesh Chaudhary in District Legal Services Authority-Karnal and receipt in this regard would be produced in record of Complaint Case (C.C. No.722 of 2022). Payment of cost amount of Rs.7,500/- would be the condition precedent for tendering evidence by complainant before learned District Consumer Commission-Karnal.

5.      A copy of this order be provided to all parties, free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on website of this Commission for perusal of parties.

6.       File be consigned to record room.

Pronounced on 30^th August, 2024.

 

                                                                        S.C. Kaushik                  Naresh Katyal                                                                 Member                          Judicial Member

                                                         Addl. Bench                   Addl. Bench