NCDRC

NCDRC

FA/409/2023

MEERA GHANGHORIYA - Complainant(s)

Versus

STAR HEALTH ALLIED INSURNACE COMPANY LTD. - Opp.Party(s)

VAIBHAV MAHESHWARI & HARSHAD BAHRANI

18 Oct 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 409 OF 2023
(Against the Order dated 14/11/2022 in Complaint No. 139/2019 of the State Commission Madhya Pradesh)
1. MEERA GHANGHORIYA
W/O GULAB GHANGHORIYA R/O- SAINIK COLONY, SIKANDER KAMPOO, LASHKAR, GWALIOR-474001.
...........Appellant(s)
Versus 
1. STAR HEALTH ALLIED INSURNACE COMPANY LTD.
THROUGH ITS DIRECTORS/MANAGERS AT: 1, NEW TANK STREET VALLUVAR KOATTAM HIGH ROAD, NUNGABAKKAM CHENNAI-600034
...........Respondent(s)

BEFORE: 
 HON'BLE MR. SUBHASH CHANDRA,PRESIDING MEMBER
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),MEMBER

FOR THE APPELLANT :

Dated : 18 October 2024
ORDER

BEFORE:

        HON’BLE MR SUBHASH CHANDRA                    PRESIDING MEMBER

          HON’BLE AVM J RAJENDRA, AVSM VSM (RETD.,) MEMBER

         

For the Appellant         Mr Vrindra Goyal, Advocate (VC)

 

For the Respondent      Mr Navneet Kumar, Advocate

       

Dated : 18th October 2024

ORDER

 

        Heard the learned counsel for both the parties at length.

        Essentially the matter pertains to dismissal of the complaint no.139 of 2018 for non-prosecution on 14.11.2022 due to non-appearance of both the parties. Learned counsel for the appellant/ complainant states that on 14.11.2022 was the only occasion that he did not appear and further submits that on account of being present before another court, he was unable to appear when the matter was called out. Learned counsel for the State Commission had dismissed his case for want of prosecution. Considering the submissions made, subject to payment of Rs.2000/-. Cost be deposited with the Legal Account of the State Commission within a period of two weeks. Order of the learned State Commission dated 14.11.2022 dismissing the complaint no. 139 of 2019 in default for non-prosecution is set aside and the matter is restored to its original number.

        Parties are directed to appear before the State Commission on 28.11.2024. The State Commission shall hear the matter afresh and dispose of the same as per law within a period of six months.

        All pending IAs stand disposed of by this order.

 
......................................
SUBHASH CHANDRA
PRESIDING MEMBER
 
 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
MEMBER

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