NCDRC

NCDRC

FA/885/2013

M/S. TOEPFER INTERNATIONAL ASIA PVT. LTD. - Complainant(s)

Versus

TATA AIG GENERAL INSURANCE CO. LTD. - Opp.Party(s)

MR. VIKAS MEHTA

15 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 885 OF 2013
 
(Against the Order dated 19/11/2013 in Complaint No. 163/2008 of the State Commission Delhi)
WITH
IA/8134/2013,IA/8135/2013
1. M/S. TOEPFER INTERNATIONAL ASIA PVT. LTD.
A COMPANY INCORPORATED UNDER FOREIGN LAWS, HAVING ITS OFFICE AT 100 BEACH ROAD, 31-01 SHAW TOWER,
SINGAPORE-189702
...........Appellant(s)
Versus 
1. TATA AIG GENERAL INSURANCE CO. LTD.
A COMPANY INCORPORATED IN INDIA CARRYING ON GENERAL INSURANCE BUSINESS, HAVING ITS OFFICE AT LOTUS TOWER, 1ST FLOOR, COMMUNITY CENTRE,
NEW FRIENDS COLONY,
NEW DELHI-1100025
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Appellant :
Mr. Vikas Mehta & Ms. Aditi Mishra,
Advocates
For the Respondent :

Dated : 15 Jan 2014
ORDER

Heard learned counsel for the appellant and perused record. 2. This appeal has been filed with application for condonation of delay. Delay is of 7 days. As delay is of only 7 days, we deem it appropriate to condone the delay. Consequently, application for condonation is allowed and delay of 7 days stands condoned. 3. Learned counsel for the appellant submitted that in pursuance to order dated 04-10-2012 passed by this Commission in First Appeal No. 433 of 2008 M/s Toepfer International Asia Pvt. Ltd. vs. Tata AIG General Insurance Co. Ltd., the matter was remanded back to learned State Commission and parties were directed to appear before State Commission on 21-11-2012. Appellant appeared before State Commission on 21-11-2012 and after some adjournments, respondent appeared on 08-08-2013 and filed written statement and matter was adjourned for complainant evidence on 21-11-2013 but complaint was dismissed by impugned order dated 19-11-2013 on account of absence of complainant, which may be set aside. 4. Perusal of the record clearly reveals that on 08-08-2013, learned State Commission adjourned the matter for 21-11-2013 but it appears, by inadvertence, the case was taken on 19-11-2013 and complaint was dismissed in default on account of absence of complainant as well as opposite party. 5. No one could have appeared on 19-11-2013 because the case was adjourned for 21-11-2013 and it appears that, by inadvertence, the complaint was dismissed by learned State Commission on 19-11-2013 and in such circumstances, impugned order is liable to be set aside. 6. Consequently, appeal filed by the appellant is allowed at admission stage and impugned order dated 19-11-2013 passed by learned State Commission in Complaint Case No. 163/2008 M/s Toepfer International Asia Pvt. Ltd. vs. Tata AIG General Insurance Co. Ltd. is set aside and complaint is restored at its original number. 7. Appellant is directed to appear before State Commission on 13-02-2014. Learned State Commission is directed to proceed with the complaint after giving notice to the respondent.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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