19.06.2024:

ORDER

Delivered by Mr.K.B.Sangannanavar. Prl.DJ (R) Judicial Member.

01.   This is an Appeal filed by complainant Nos.1 to 4 in CC No.2203/2019 on the file of District Consumer Disputes Redressal Forum, Belgaum, aggrieved by the order dated: 17.03.2021.

02.   This Appeal came to be filed on 10.02.2023 through advocate and the Commission ordered to issue Appeal notice on Respondent who was served and represented by one Mr. Ganesh Bhat.Y.H, an advocate.

03.   The Commission heard Learned counsel for Appellants, perused the grounds of Appeal, impugned order and Appeal papers.  Further heard Learned counsels.

04.   Now the point that arise for consideration of this Commission would be:

“Whether the impugned order dated: 17.03.2021 passed in CC No.2203/2019 does call for any interference of this Commission?”

05.   The Appellants herein have raised a consumer complaint under section 12 of the C.P. Act, 1986 with the facts, that one Neminath Jayapal Tapakire of Shamanewadi Village in Chikodi Taluka, Belagavi District, was the account holder of OP – Bank and the Appellants are his LRs, since he died on 10.02.2018 in road traffic accident.  The deceased account holder of OP was also holding a golden card under No.4505 0200 2022 9845 and one platinum card bearing No. 5305 6202 0444 5809.  These two cards are covered under the insurance policy under the terms of these cards in case of death the legal representatives or his nominee is entitled for Rs.5,00,000/- each.  Thus, with these facts   they have sought for relief against OP to pay Rs.10,00,000/- along with interest at the rate of 18% per annum from the date of their representation.

06.   It  is submitted by the Learned Counsel for the appellant that, the OP – Bank failed to appear in the complaint proceedings and also failed   submit written version on from months together. We have gone through the   order-sheet of the complaint case which discloses noting down absence of OP and   found adjourning the case due to Covid-19 and when on 17.03.2021 fixed for filing of affidavit evidence, the District Commission proceed to dismiss the complaint for default and for non-prosecution.  In such circumstances, in  consideration of the fact as found from order sheet as to  non-participation of OP – Bank in the complaint proceedings and even   in this Appeal proceedings, we are of the view impugned order does call for an interference  to set aside the order dated: 17.03.2021 by condoning the delay if any, since the legal representative Smt. Seema, W/o. Neminath Tapakire,  wife of deceased Neminath Tapakire, has explained in her affidavit sworn in enclosed to the IA.  Hence we proceed to allow the Appeal. Consequently set aside the order dated: 17.03.2021 passed in CC No.2203/2019 and as a result directed the District Commission to re-admit the CC No.2203/2019 and give notice to OP and decide the case on merits. It is needless to say   affording opportunity to both parties to participate in the proceedings.

07.   The District Commission is directed to fix this case on 06.07.2024 and the Appellants herein are directed to be present without fail. 

08.   Send copy of this order to the District Commission as well  to the parties to the appeal.

            Sd/-                                                     Sd/-

LADY MEMBER                             JUDICIAL MEMBER  

KNMP*