Delhi

North East

CC/14/2013

Rajesh Jain - Complainant(s)

Versus

The New India Assurance Co. Ltd. - Opp.Party(s)

12 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 14/13

 

In the matter of:

 

	Shri Rajesh Jain S/o Shri N.C. Jain R/o:- 86-87, Rishab Vihar Delhi-110092	Complainant
	Versus
1.             2.	The New India Insurance Ltd. JKG Plaza, Second Floor, B-Block, 4&5 DDA Commercial Complex Near ICICI Bank, Dilshad Garden, Delhi-110095   M/s Vipul Med Corp TPA Pvt. Ltd. 515 Udyog Vihar,Phase-V, Gurgaon, Haryana-122016	Opposite Parties

 

DATE OF INSTITUTION:        JUDGMENT RESERVED ON:               DATE OF DECISION      :

14.01.2013 09.06.2022 12.07.2022

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

This order shall dispose off an application filed by the Complainant u/s 40 of the Consumer Protection Act, 2019  read with Order 9 Rule 9 CPC read with Section 151 CPC. Vide this application Complainant seeks restoration of his complaint which was dismissed on 22.03.2022.

We have already heard the Learned Counsel for the Applicant/Complainant. We have also perused the file. The counsel for the Complainant submitted that Complainant could not appear before this Commission due to the Corona Virus problem and it is also the case of the Complainant that due to some technical problem the Complainant could not appear through video conferencing during the period of Corona Virus disease.

The Complainant is seeking restoration of his complaint on the ground that during the pandemic he could not appear before this Commission and also whenever there was hearing through video conferencing he could not connect due to network problem. It is important to note that the Corona Virus disease surfaced in the month of March 2020. The perusal of the file shows that Complainant is not appearing since 08.02.2019 i.e. much prior to the Corona Virus problem. It is known fact that the Commission started functioning physically and litigants started appearing physically much prior to the date of dismissal of the complaint. Therefore, keeping in view all the facts and circumstance especially the fact that Applicant/Complainant did not appear even a single time after 26.11.2018, we do not see any justification for restoration of the complaint. The application is dismissed accordingly.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President