Delhi

StateCommission

A/335/2018

NAVEEN P PATIL - Complainant(s)

Versus

ROYAL SUNDARAM GENERAL INSURANCE CO. LTD. - Opp.Party(s)

HEMANT SHAH

10 Dec 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.335/2018

(Arising out of the order dated 19.02.2018 passed in Complaint Case No.165/2017 by the District Consumer Disputes Redressal Forum- X)

 

 

Naveen P Patil                                                                               … Appellant

                  

Versus

 

Royal Sundaram General Insurance Co.                                     … Respondent

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

For the Appellant:	Mr. Naveen Jai Singh,Counsel for Appellant.

Dated: 10^thDecember, 2018

 

ORDER

 

Justice Veena Birbal, President

 

By way of this appeal appellant/complainant has prayed for setting aside the order dated 19.02.2018 passed by CDRF X in Complaint Case No. 165/2017 whereby the aforesaid complaint has been dismissed for non-prosecution.

          The aforesaid order reads as under:-

                  “19.02.2018.

                  Present:      Adv. Garun MV for OP.

                                     None for complainant.

 

        Last opportunity was given to complainant to file evidence of last date of hearing.

        No evidence has been filed till date. Hence complaint dismiss for Non prosection. File be consigned to Record Room.”

       

          It is stated that the appellant/complainant had throughout being appearingbefore the District Forum for perusing the complaint. It is further stated that counsel for appellant/complainant became unwell during the pendency of the complaint case and could not peruse the matter before the Ld. District Forum on the ground of health issue. Medical certificate is also filed.

          It is stated that counsel for appellant/complainant could not contact the appellant/complainant due to bad health. It is stated that even appellant/complainant tried to contact his counsel but was not in a position to contact him.

No one has appeared on behalf of respondent/OP to oppose the prayer made in this appeal.

          In view of the reasoning given for non-prosecution which is supported with affidavit of the appellant/complainant as well as medical documents on record, I hereby allow the present appeal and set aside the impugned order and given a chance to appellant/complainant to file evidence by way of affidavit before the Ld. District Forum.

          Let parties appear before the Ld. District Forum on 12.02.2019. On the said date appellant/complainant shall file his evidence by way of affidavit.

          It is clarified that before proceeding further in the matter Ld. District Forum shall issue fresh notice to respondent/OP.

          Appellant/complainant is warned to be cautious in future.

 

                                                                                     

                                                                                                                                                                                         (Justice Veena Birbal)

President