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Judgment
This appeal has been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 11.01.2019 of the State Commission in complaint no. 40 of 2008.
Heard the learned counsel for the appellants (the ‘complainants’) and the learned counsel for the respondent (the ‘insurance co.’). Also perused the record, including inter alia the impugned Order dated 11.01.2019 of the State Commission and the memorandum of appeal.
The dispute relates to repudiation of an insurance claim. Vide its Order of 11.01.2019 the State Commission has dismissed the complaint for want of prosecution in the absence of the complainants. The said Order is reproduced below for reference:
11.01.2019
None for the complainant.
Ms. Shivali Singh Parihar, learned counsel for the opposite party.
We find that on several occasions the complaint was adjourned, but none appeared for the complainant.
Dismissed for want of prosecution.
Learned counsel for the complainants submits that they were dutifully pursuing their complaint before the State Commission. They have a good case on merit and want opportunity to present their case before the State Commission. Submission is that the complainants will be irreparably prejudiced if the complaint is not restored.
Learned counsel for the insurance co. submits that the complaint was dismissed for want of prosecution since the complainants had absented themselves before the State Commission. Even otherwise the complainants have no case on merit. However he will not object if one more opportunity is provided to the complainants. Submission is that the complaint may be decided on merit by the State Commission in the normal wont.
Considering the afore submissions, as also considering the nature of the dispute and the overall facts and circumstances of the case, it is felt to be just and conscionable that one more opportunity be provided to the complainants for getting the matter adjudicated on merit before the State Commission.
This Commission is consciously refraining from detailing the facts or critiquing the matter since the dispute has as yet to be adjudicated on merit and it does not wish to in any manner color the vision of the forum below.
The Order dated 11.01.2019 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.
The complainants are sternly advised to conduct their case professionally before the State Commission.
The complainants and the insurance co. are directed to appear before the State Commission on 09.01.2023. The State Commission is requested to adjudicate the complaint, as per the procedure, on merit, in accordance with the law.
The Registry is requested to send a copy each of this Order to both sides and to their learned counsel within three days. It is further requested to most immediately send a copy of this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.