Circuit Bench Nagpur

StateCommission

A/01/1411

Pavan Shivcharan Jaiswal - Complainant(s)

Versus

The Branch Manager The New India Assurance Co. Ltd. Rajkamal Building, Near - Opp.Party(s)

07 Feb 2013

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA CIRCUIT BENCH AT NAGPUR 5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1 CIVIL LINES, NAGPUR-440 001

First Appeal No. A/01/1411 (Arisen out of Order Dated 06/08/2001 in Case No. CC/00/347 of District Yavatmal)   1. Pavan Shivcharan Jaiswal R/o WeeklyMarket, Darwha Tq.Darwha Distt. Yavatmal ...........Appellant(s) Versus 1. The Branch Manager The New India Assurance Co. Ltd. Rajkamal Building, Near R/oPanchsheel TalkiesWardha Road Nagpur ...........Respondent(s)

BEFORE:     Hon'ble Mr.S.M. Shembole PRESIDING MEMBER   HON'BLE MR.N. ARUMUGAM MEMBER

PRESENT: None ......for the Appellant   Mr P K Katariya ......for the Respondent

ORDER   (Passed on 07.02.2013)       Per Mr S M Shembole, Presiding Member       Appellant Pavan Jaiswal as well as his counsel are absent. Adv. Mr Kataria appeared for the respondent and filed his Vakilpatra.        On 17.12.2012 notice was issued to the appellant as well as the respondents and in response to the notice respondent appeared through Adv. Mr Kataria. But no report about service of notice to the appellant is received. However, office copy of the notice reflects that it was issued on correct address of appellant as shown in the appeal memo as well as in the complaint. Therefore, it will have to be presumed that appellant is served with the notice but he is absent. Hence, there is no alternative except to dismiss the appeal in default.                 Accordingly, this appeal is dismissed in default.             No order as to cost.             Copy of this order be supplied to the parties.

[ Hon'ble Mr.S.M. Shembole] PRESIDING MEMBER   [ HON'BLE MR.N. ARUMUGAM] MEMBER