Delhi

StateCommission

A/124/2016

SH. MANISH SAWHNEY - Complainant(s)

Versus

RELIGARE HEALTH INSURANCE CO. LTD. - Opp.Party(s)

RAM N. SHARMA

26 May 2016

ORDER

IN THE STATE COMMISSION : DELHI

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

 

Date of Decision: 26.05.2016

 

 

First Appeal No.124/2016

(Arising out of the order dated 19.02.2016 passed in Complaint Case No.309/2015 by the District Consumer Redressal Forum-II, New Delhi)

 

In the matter of:

 

Shri Manish Sawhney,

C-55, 2^nd Floor,

Nizamuddin East,

New Delhi.

....Appellant

 

Versus

 

Religare Health Insurance Company Limited,

P-3B, District Centre,

Saket, New Delhi-110017.

...Respondent

 

CORAM

 

Justice Veena Birbal, President.

Ms. Salma Noor, Member.

 

1.     Whether reporters of local newspaper be allowed to see the judgment?

 

2.      To be referred to the reporter or not?

 

 

 Justice Veena Birbal, President

 

 

1. This is an appeal wherein prayer is made for setting aside the dated 19.02.2016, whereby the complaint filed by the appellant herein i.e. the complainant before the District Forum has been dismissed for non-appearance. Order under challenge reads as under:

          

Case No.309/15

1.  

Present:   None for the Complainant.

                 Clerk of Sh. Pankaj Sethi, Adv. for OP.

 

Reply is filed. Fair copy kept on record.

Third call has been given at about 12.30 PM. None was also present on behalf of the complainant on 19.01.2016. Therefore, we dismiss the complaint in default.

 

Let a copy of this order be given dasti to counsel for OP and copy be also sent to the complainant through speed post and thereafter file be consigned to Record room.

 

(S.S. Funia)        (Naina Bakshi)    ( N.K. Goel)

Member             Member                President

 

 

2. Counsel for the respondent has entered appearance and has no objection if the order is set aside.
3. We have gone through the impugned order, at 12.30 PM., the complaint has been dismissed for non-appearance.
4. In view of the reasoning given for non-appearance as well as for effective disposal of the case on merits and in the interest of justice, we accept this appeal and set aside the impugned order dated 19.02.2016 and restore the complaint to its original position. Appellants/complainants are warned to be cautious in future.
5. Let the parties appear before the District Forum on 25.07.2016. Thereupon, the District Forum shall further proceed in the matter in accordance with law.
6. Copy of this order be given to the parties and be also sent to the Ld. District Forum-II, for information and keeping it on record for compliance

           File be consigned to Record Room.

 

 

(Justice Veena Birbal)

•  

 

(Salma Noor)

Member