Tribunals and CommissionsDivision Bench(2019) 11 NCDRC CK 0104

Jayanti Prasad Gautam vs New India Assurance Co. Ltd

National Consumer Disputes Redressal Commission · Decided on 28 November 2019

HON’BLE JUDGES
Dr. S.M. Kantikar, Presiding Member · Dinesh Singh, Member
CASE NUMBER
First Appeal No. 559 Of 2019

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Judgment

11 paragraphs · 203 words

Heard the appellant in person and learned counsel for the respondent.

Perused the material on record.

The State Commission vide its Order dated 22.01.2019 has dismissed the complaint in default.

This appeal has been filed against the said Order dated 22.01.2019 of the State Commission.

The Order dated 22.01.2019 of the State Commission reads as below:-

None appeared for the complainant even on the last date i.e. 15.05.2018. The complainant has failed to file rejoinder and evidence by affidavit. It appears that complainant is not interested in pursuing the case. The complaint is dismissed in default.

In the interest of justice, the impugned Order dated 22.01.2019 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.

The State Commission is requested to grant opportunity to the complainant to file his rejoinder and evidence by way of affidavit and to further adjudicate the case on merit as per the law.

The complainant is sternly advised to conduct his case professionally before the State Commission.

The parties are directed to appear before the State Commission on 08.01.2020.

Let a copy of this Order be sent by the Registry to the State Commission within one week.