Oral

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.147 of 2020

United India Insurance Company Ltd., Branch

Manager, 104, First Floor, Vrindavan Kunj,

Exhibition Road, Patna-800001                          ….Appellant.

Versus

1- Sukhraj Maurya s/o Radhyshyam Maurya,

    R/o Bhikhampur, Post, Akoni, PS, Suriyawa,

    Tehsil, Gyanpur, District, Bhadohi.

2- Dr. C.N. Bind, R/o Village, Suriyawa,

    PS, Suriyawa,Tehsil & District, Bhadohi.

3- Vishal Medicare Centre, District Bhadohi

    through Manager & Owner, Dr. C.N. Bind,

    R/o Village Suriyawa, Post, Suriyawa, PS,

    Suriyawa, Tehsil & District, Bhadohi.       ….Respondents.

&

Appeal No.111 of 2019

1- Dr. C.N. Bind, R/o Village, Suriyawa, Post,

    Suriyawa PS, Suriyawa,Tehsil & District, Bhadohi.

2- Vishal Medicare Centre, District Bhadohi

    through Manager & Owner, Dr. C.N. Bind,

    R/o Village Suriyawa, Post, Suriyawa, PS,

    Suriyawa, Tehsil & District, Bhadohi           ….Appellants.

Versus

1- Sukhraj Maurya s/o Radhyshyam Maurya,

    R/o Bhikhampur, Post, Akoni, PS, Suriyawa,

    Tehsil, Gyanpur, District, Bhadohi.

2- United India Insurance Company Ltd., Branch

    Manager, 104, First Floor, Vrindavan Kunj,

    Exhibition Road, Patna-                             ….Respondents.

Present:-

Hon’ble Mr. Justice Ashok Kumar, President.

Sri V.P. Sharma, Advocate for appellant/Insurance Co.

Sri Ambrish Kaushal, Advocate for appellant in appeal no.111of  2019, Dr. C.N. Bind & Vishal Medicare Centre.

Sri H.U. Ansari, Advocate for the respondent/complainant.

Date   30.8.2024

JUDGMENT

Per Mr. Justice Ashok Kumar, President: Both the above mentioned appeals are arising out of the same judgment and order, therefore, they are being decided by a common judgment and order.

The instant appeals have been filed against the ex-parte judgment and order passed  by the Ld. District Consumer  Forum, Bhadohi in  complaint case no.28 of 2015 dated 3.12.2018.

Sri V.P. Sharma, ld. counsel for the appellant insurance company has submitted that the insurance company situates at Patna (Bihar) and no notice has been received/served upon the appellant insurance company. Merely on the basis of sending of the notice through registered post deemed service is recorded by the ld. District Consumer Commission, as such no opportunity has been allowed.  

          Without going into the merit of the case, I find that the submission of the ld. counsel for the insurance company has substance.

          Accordingly, the appeals are allowed and the judgment and order dated 3.12.2018 is set side.

          The ld. District Consumer Commission concerned is requested to restore the complaint to its original number and  hear the matter on merits after providing the opportunity to the respective parties’ counsel and decide the same expeditiously earliest within one year.              

          If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be returned to the appellant as per rules alongwith accrued interest upto date.

          A certified copy of this order be placed on the record of appeal no.111 of 2019.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

Certified copy of this order be provided to the parties in accordance with rules.

                                           (Justice Ashok Kumar)                                                    

                                                      President

Jafri PA-I

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