This appeal has been filed for setting aside the order dated 26.11.2022 passed by the learned District Consumer Disputes Redressal Commission, Patna passed in complaint case no. 102 of 2012 (Usha Devi Vs. Branch Manager, National Insurance Company Limited) whereby and whereunder learned District Consumer Commission, Patna has dismissed complaint case for non-prosecution and continuous absence. There is no provision either in the act or rules framed thereunder for restoration of complaint case dismissed for non-prosecution. However, there is no bar in filing second complaint case for same cause of action by the complainant as complaint case has not been decided on merit. If any such complaint case is filed by the appellant the delay in filing appeal may be sympathetically considered by by the learned District Consumer Commission, Patna.

           A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act. The order be uploaded forth with on the website of the Commission.

            Let the file be consigned in the record room along with copy of this order.