ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  11 OF 2019

             (Against the order dated 28-09-2018 in Complaint Case

                     No.616/2015 of the District Consumer Forum, Kanpur Nagar)

Saurabh Srivastava

S/o Sri Bimlesh Srivastava

R/o 119/391 Darshan Purva

District Kanpur Nagar

                                                                 ...Appellant/Complainant

                                                     Vs.

1. Star Health and Allied Insurance Company Limited

Registered and Corporate Office

No.01 New Tank Street

Valluvarkottam High Road

Nungambakkam, Chennai

Pin Code 600034

2. Star Health and Allied Insurance Company Limited

Through Executive Director

Office at 301, 302 3^rd Floor, Kan Chamber 14/113

Civil Lines, Kanpur Nagar, Pin Code 208001

                                                                      ...Respondent/Opposite Party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant       :  Mr. Vijay Kumar Yadav holding brief of Sri

                                    Rajeev Srivastava, Advocate.

For the Respondent    :                 

Dated : 07-01-2019

                                            ORDER

MR. JUSTICE A. H. KHAN, PRESIDENT

Mr. Vijay Kumar Yadav, learned Counsel appeared on behalf of Sri Rajeev Srivastava, learned Counsel for the appellant.

We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. The appeal is within time.

Admit and register appeal.

Vide impugned judgment and order the complaint has been dismissed in default of complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No.616 of 2015

:2:

Saurabh Srivastava V/s Star Health and Allied has been dismissed on 28-09-2018 by District Consumer Forum, Kanpur Nagar in default of complainant whereas opposite parties were present before District Consumer Forum.

Appellant has shown sufficient reason for his absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 28-09-2018 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 28-09-2018 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 616 of 2015 Saurabh Srivastava V/s Star Health and Allied is set aside on payment of cost of Rs.1,000/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The complainant shall deposit cost of Rs.1,000/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 14-02-2019 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

        ( MAHESH CHAND )

                        MEMBER

          Pnt.