Punjab

StateCommission

A/131/2023

HDFC Ergo General Insurance Company Ltd. - Complainant(s)

Versus

Yogesh Kumar Mahajan and another - Opp.Party(s)

Vishal Aggarwal

07 Jun 2023

ORDER

FIRST ADDITIONAL BENCH

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.131 of 2023

Date of institution   :  28.02.2023 

Date of Decision     :  07.06.2023

 

1. HDFC ERGO General Insurance Company Ltd., Regd. 1^st Floor, HDFC House, 165-166 Backbay Reclamation HT Parekh Marg, Churchgate, Mumbai-400 020 and 5^th Floor, Tower-1, Stellar IT Park, C-25, Sector 62, Noida-201301 through Khushmani Kaur Manager-Legal. 
2. HDFC ERGO General Insurance Company Limited, 3^rd Floor Nagpal Tower-1, SCO-128, Ranjit Avenue, Amritsar, Punjab-143001 and 5^th Floor, Tower-1, Stellar IT Park, C-25, Sector 62, Noida-201301 through Shweta Pokhriyal Senior Manager-Legal. 

….Appellants

Versus

1. Yogesh Kumar Mahajan son of Dawarka Nath resident of House No.278, Gali No.1, Patel Nagar, Dashmesh Colony, Pathankot-145001.
2. Branch Head/Manager, Housing Development Finance Corporation Limited (HDFC Ltd.), Godrej Building, First Floor, Dalhousie Road, Near Shani Dev Mandir, Pathankot 145001.

…..Respondents

First Appeal against the order dated 16.11.2022 of the District Consumer Disputes Redressal Commission, Gurdaspur. 

Quorum:-

                   Mr. H.P.S. Mahal, Presiding Judicial Member

Present:-

         For the appellants        :         None

H.P.S. MAHAL, PRESIDING JUDICIAL MEMBER:-

          On the last date of hearing, delay of 37 days in filing the appeal was condoned, subject to cost of Rs.1850/- to be deposited in the Consumer Legal Aid Account of this Commission within a period of 30 days from the date of order i.e. 06.04.2023.

2.      Today neither anyone has turned up on behalf of appellants nor the cost for condonation of delay has been deposited, which was condition precedent to condone the delay and for registration of the appeal.  However, M.A. No.701 of 2023 has been filed on behalf of appellants for extension of time to deposit the cost, but none has appeared on their behalf. 

3.      It shows that the appellants are not interested in the prosecution of the present case. As such, since cost of Rs.1,850/- has not been deposited by appellants, which was condition precedent to condone the delay and for registration of this appeal, accordingly  the present appeal is dismissed for non-compliance of the order of this Commission and for want of prosecution.    

4.      Misc. Application, if any, pending is disposed of. 

 

    (H.P.S. MAHAL)

                                                    PRESIDING JUDICIAL MEMBER         

June 07^th, 2023                                            

DB