Haryana

Kurukshetra

CC/127/2021

Jyoti Parkash S/o Ravi Sharma - Complainant(s)

Versus

Star health and Allied Insurance - Opp.Party(s)

Jatin Verma

01 Jul 2022

ORDER

CC No.127 of 2021.

Jyoti Parkash Versus Star Health.

 

Present:       None for the complainant.               

                   Shri Gaurav Gupta, Adv. for the OPs.

         

                     Today the case was fixed for appearance of counsel for the complainant. However, case has been called several times since morning, but again on today, no one appeared on behalf of complainant, before the Commission up to 03:30 PM. Further wait is unjustified. Perusal of case file shows that on 22.12.2021, learned counsel for the complainant stated at Bar that complainant has been expired and he sought date for filing death certificate of complainant along with LRs application and as such, the case was adjourned for 02.02.2022 for this purpose. But from 02.02.2022 till 16.06.2022, no LR application as well as death certificate of complainant was filed, by the counsel for the complainant, despite availing six effective opportunities for this purpose i.e. on 17.02.2022, 10.03.2022, 29.3.2022, 02.05.2022, 13.05.2022 and 16.06.2022. It is pertinent to mention here that even on the last date of hearing i.e. 16.06.2022, no one appeared on behalf of complainant and the case was adjourned for today for appearance of counsel for the complainant. Non-appearance of counsel for the complainant, on today as well as on the last date of hearing, means, complainant (in case he is alive) or his LRs (in case of death of complainant) is no more interested in pursuing the present complaint, therefore, the present complaint is hereby dismissed, for want of prosecution. However, in the interest of natural justice, permission is granted to the complainant/his LRs (in case of death of complainant), to file afresh complaint, if he/she so desires or advised. Certified copy of this order be supplied to the parties concerned, as per Rules. File be consigned to the records, after due compliance.

 

                                                                                      President,

                                                                                       DCDRC, Kurukshetra,

Member.                                  Member.                        01.07.2022.