STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/128/2017

         (Against the orders dated 19-09-2017 and 21-09-2016 in Complaint

           Case No. 705/2016 of the District Consumer Forum-II, Lucknow )

Star Health & Allied Insurance Company Limited

Through Vice President Sri R S Singh

Zonal Office, 501 Lkhraj Market-3

Faizabad Road, Indira Nagar

Lucknow

                                                                                   ...Revisionist

                                                     Vs.

 Smt. Alka Saxena

 W/o Sri Prashant Saxena

R/o 2203, Indira Nagar

Lucknow 

                                                                                   ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist                  :    Mr. Shishir Pradhan, Advocate.

For the Opposite Party            :    Mr. Dhruv Kumar, Advocate.

Dated :  12-10-2017

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Mr. Shishir Pradhan, learned Counsel for the revisionist appeared.

Heard learned Counsel for the revisionist and perused impugned order dated 19-09-2017 passed in Complaint Case No.705/2016 Smt. Alka Saxena V/s Star Health & Allied Insurance Company Limited whereby the District Consumer Forum has rejected application moved by revisionist for recalling previous order dated 21-09-2016 holding that there is no provision in the Consumer Protection Act 1986 under which the District Consumer Forum may recall its order passed earlier.

Sri Dhruv Kumar, learned Counsel for the opposite party also appeared.

I have heard learned Counsel for the parties.

Perusal of order dated 21-09-2016, whereby interim relief application moved by complainant of said complaint has been allowed in

:2:

above complaint case, shows that this order has been passed in absence of opposite party.

Considering this aspect of the case the revision is disposed of finally with liberty to the revisionist to file objection before District Consumer Forum against interim relief application within 15 days from today. If objection is filed before District Consumer Forum within this period, the District Consumer Forum shall pass appropriate order in accordance with law after affordidng opportunity of hearing to both parties within 15 days.

It is further provided that no coercive steps shall be taken against revisionist for securing compliance of interim order dated 21-09-2016 till disposal of objection.

It is further provided that District Consumer Forum shall make efforts to finally decide the complaint within two months.

Let copy of this order be made available to the parties as per rules.

( JUSTICE A H KHAN )

                                                                                                    PRESIDENT

          Pnt.