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Judgment
Karuna Nand Bajpayee,Presiding Member
Taken up through video conferencing.
This first appeal has been filed, with delay of 123 days, under Section 51 of The Consumer Protection Act, 2019 in challenge to the Order dated 04.04.2019 passed in complaint no. 41 of 2018 by the State Consumer Disputes Redressal Commission, Uttrakhand.
Heard the learned counsel. Perused the material on record, including the impugned Order dated 04.04.2019 of the State Commission and the appeal.
Vide its Order of 04.04.2019 the State Commission has dismissed the complaint for want of prosecution.
The consumer complaint was filed in the State Commission seeking redress against the repudiation of insurance claim. Facts as have been alleged in the complaint show that the business with regard to selling of fire crackers got a serious setback as the goods placed in the go-down got badly damaged because of heavy rains / water logging. The consumer complaint contains full details which does not needed to be reproduced at this stage. It transpires that on the date fixed in the State Commission neither the complainant nor her counsel appeared which resulted in the dismissal of the complaint for want of prosecution. The impugned Order also shows that steps had also not been taken by the complainant till then. Counsel appearing for the appellant has tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the complainant and her counsel from appearing in the fora below. Learned counsel has also tried to elaborate upon the reasons and circumstances for filing this appeal with delay. It has been contended that if opportunity be provided to pursue the complaint on merits and of being heard there are fair prospects of this complaint being allowed by the State Commission.
In order to facilitate arriving at a just conclusion on merits and also keeping in perspective the intervening covid situation, the delay in filing this appeal stands condoned.
C onsidering the nature of the dispute and the overall facts and circumstances in their totality, it is felt just and conscionable that reasonable and sufficient opportunity be further provided to the complainant for adjudication of his complaint on merit in the State Commission.
As such, in the interest of justice, the Order dated 04.04.2019 of the State Commission is set aside and the complaint is restored to its original number before the State Commission. The complainant is sternly advised to conduct her case professionally before the State Commission.
The parties shall appear before the State Commission on 20.10.2021. The State Commission is requested to adjudicate the complaint on merit after providing adequate opportunity to the complainant to take steps and pursue the matter as per law.
The principal onus of informing the respondents - opposite parties of this instant Order shall be of the appellant- complainant. She shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it (20.10.2021).
However, if for whatever reason, the respondents - opposite parties do not appear before the State Commission on 20.10.2021, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. State Commission in such a situation also require the complainant to take further steps in order to facilitate service on the opposite parties.
In case the respondents - opposite party or parties have objection to the complaint being restored, it may file appropriate application before the State Commission, submitting that it will raise its objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the complaint for a period of three months. In the said period of three months, the respondents - opposite party or parties may file appropriate application before this Commission to raise its or their objection.
If the opposite party or parties move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If the opposite party does not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.
The Registry is requested to send a copy each of this Order to all parties in this appeal and to learned counsel for appellant as well to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.