NCDRC

NCDRC

FA/1920/2018

NIRMAL DEVI & 2 ORS. - Complainant(s)

Versus

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

MR. HIMANSHU SHARMA

28 Apr 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1920 OF 2018
 
(Against the Order dated 06/07/2018 in Complaint No. 534/2017 of the State Commission Punjab)
1. NIRMAL DEVI & 2 ORS.
W/O. SH. GULZAR SINGH KAINTH, R/O. MAKBARA COMPLEX, BEANT SINGH AMAN NAGAR NEAR PARMAR HOSPITAL, BELA ROAD, RUPNAGAR TEHSIL & DISTRICT RUNAGAR
PUNJAB
2. SH. GULZAR SINGH KAINTH
S/O. SH. AMAR NATH, R/O. MAKBARA COMPLEX, BEANT SINGH AMAN NAGAR NEAR PARMAR HOSPITAL, BELA ROAD, RUPNAGAR TEHSIL & DISTRICT RUNAGAR
PUNJAB
3. VINNIEE KAINTH
D/O. GULZAR SINGH KAINTH, R/O. MAKBARA COMPLEX, BEANT SINGH AMAN NAGAR NEAR PARMAR HOSPITAL, BELA ROAD, RUPNAGAR TEHSIL & DISTRICT RUNAGAR
PUNJAB
...........Appellant(s)
Versus 
1. TATA AIG GENERAL INSURANCE CO. LTD. & ANR.
THROUGH ITS CONCERNED MANAGER, A-201, 5FLLOR, BUILDING NO 4, INDINITY PARK GEN AK VAIDYA MARG DINDOSHI MALAD (EAST)
MUMBAI 400 097
2. THE MANAGING DIRECTOR, TYCOONZ
SCF 23-24, PHASE-3B2,SAS
MOHALI
...........Respondent(s)

BEFORE: 
 HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. BINOY KUMAR,MEMBER

For the Appellant :
Mr. Himanshu Sharma, Advocate
For the Respondent :
For Respondent No.1 : Mr. Amit Kumar Singh, Advocate &
Ms. Enatoli Sema, Advocate
For Respondent No.2 : NEMO

Dated : 28 Apr 2022
ORDER

Heard the learned Counsel for the Appellant. 

The only question in this instant Appeal is that the State Commission has dismissed the complaint against Opposite Party No.5 i.e. Respondent No.2 (The Managing Director, Tycoonz) in the instant Appeal.

The Order of State Commission is reproduced below :-

          “The case is fixed for furnishing the correct address of OP No.5.  No correct address of OP No.5 has been filed by counsel for the complainant from the last many dates.  In the interest of justice, the complaint is dismissed against OP No.5 for want of prosecution.”

On hearing the Arguments of learned Counsel for the Appellant, we deem it appropriate that there is need to serve Respondent No.2/Opposite Party No.5 either “Dasti” or through alternative mode i.e. “Publication”.

We grant permission to the Appellant to take necessary steps within four weeks from today to serve Respondent No.2/Opposite Party No.5 and to appear before the State Commission. 

The matter is remanded back to the State Commission, permitting issue of notice to Respondent No.2/Opposite Party No.5 either “Dasti” or through “Publication” and pass an appropriate Order. 

The Complaint is restored to its original number.  Parties are directed to appear before State Commission on 11.05.2022.

Order Dasti.

Registry is directed to send a copy of this Order to the State Commission through fax as well as through speed post.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
BINOY KUMAR
MEMBER

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