- AT HYDERABAD.

FA.No.530/2008 against CC.No.36/2007 District Consumers Forum-I, Visakhapatnam.

Between-

National Insurance Co. Ltd.

Rep. by its Sr.Divl. Manager, Division III,

1, Shakespeare Sarani (6^th Floor), Kolkota.

…Appellant/O.P.No.3.

And

1.Sri Pilla Sreenu S/o.late Satya Rao,

   Hindu, Aged 19 yrs., Kundram (V), Anakapalle

   (M), Visakhapatnam District.

…R.1/Complainant.

2.M/s. Golden Multi Services Club Ltd.

   Rep. by its Branch Manager, O/s.Dwarakanagar,

   Visakhapatnam.

3.M/s.Golden Multi Services Club Ltd.

   Rep. by its Managing Director, O/s. S.B.Mansion,

   16, R.N.Mukhrjee, Kolkata – 700 071.

…Respondents/O.Ps 1 and 2.

Counsel for the appellant           - Mr.Kota Subba Rao.

Counsel for the respondents      - Admn.stage.

QUORUM- THE HON’BLE MR.JUSTICE D.APPA RAO, PRESIDENT,

AND

SRI G.BHOOPATHI REDDY, HON’BLE MALE MEMBER.

FRIDAY, THE THIRTEENTH DAY OF JUNE,

TWO THOUSAND EIGHT.

Oral order (Per Hon’ble Mr.Justice D.Appa Rao, President)

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1.         Heard the learned counsel for the appellant.  We are of the opinion that the matter could be disposed of at the threshold at the stage of admission.

2.         The Insurance Company, the appellant herein, preferred this appeal against the order of the District Consumers Forum-I, Visakhapatnam, dated 01.11.2007 in CC.No.36/2007 granting compensation of Rs.15,000/- and costs.

3.         The Insurance Company preferred this appeal mainly contending that it did not receive any notice nor an opportunity to contest among other contentions.  In view of the definite stand taken by the appellant herein, we called for the report of the President, District Forum to find out whether the notice was served against the appellant.

4.         The President, District Forum informed that notice was served on the Senior Divisional Manager, Division III, 1 Shakespeare Sarani, Kolkata, and an advocate also filed vakalat.  Along with his report, he enclosed the postal acknowledgement along with Xerox copy of the vakalat filed on behalf of the appellant in this regard.  Since the appellant did not choose to contest nor raised any of these contentions and came up with altogether a false plea of non receipt of notice which exfacie is false,  the question of admitting the appeal will not arise. Since the appellant did not avail opportunity by filing counter having engaged an advocate, we do not see any irregularity in the order of the District Forum.  The facts averred in the complaint were not controverted. 

5.         In the circumstances, the appeal is dismissed at the stage of admission.  However, no costs.  Time for compliance four weeks.

PRESIDENT                         MALE MEMBER

Dt-13.06.2008.

Vvr.