ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW

APPEAL NO. 733 OF 2024

Mohd. Sadiq Vs The New India Assurance Co. Ltd.

BEFORE:

HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

Dated : 05-06-2024

ORDER

BY HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

This is an appeal filed by the appellant against the impugned order dated 23-02-2024 passed by the learned District Consumer Commission First, Lucknow in Complaint Case No. 832/2019 by which the aforesaid complaint has been dismissed for non-appearance of the complainant.

Sri Satish Chandra Srivastava, learned counsel for the appellant appeared.    

Appeal has been filed with delay condonation application.  Appellant has shown sufficient reasons for the delay in filing the appeal. Cause shown for delay is explained, therefore, the delay is condoned.

I have heard learned counsel for the appellant at the admission stage itself and perused the impugned order as well as record.

I have also gone through the memo of appeal and have considered the submission made by learned Counsel for the appellant. The appellant has given sufficient reasons for his absence.

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Seeing the peculiar facts and circmstances, I am of the opinion that an opportunity ought to have been allowed to the appellant/complainant to pursue his case before the Learned District Consumer Commission on merit.

The order impugned passed by the Learned District Consumer Commission is hereby set-aside. The Learned District Consumer Commission is requested to restore the complaint case no. 832/2019; Mohd. Sadik Vs The New India Assurance Co. Ltd. to its original number and deciding the same after providing an opportunity of hearing to the parties positively  within a period of one year from today. It is made clear that unnecessary adjournments will not be allowed to either of the parties by the Learned District Consumer Commission.

A copy of this order will be served by the appellant before the Learned District Consumer Commission First, Lucknow within a period of four weeks from today.        

          Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest. 

                          (JUSTICE ASHOK KUMAR)                               

                                       PRESIDENT                                                                                                                                                                                                                                                               

Ashish

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