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Judgment
Dinesh Singh, Presiding Member
This appeal has been filed under Section 51(1) of The Consumer Protection Act, 2019 in challenge to the Order dated 05.02.2020 of the State Commission in complaint no. C-1186 of 2017.
Heard the learned counsel for the appellant (the ‘complainant’) and the learned counsel for the respondent (the ‘insurance co.’). Also perused the record, including inter alia the impugned Order dated 05.02.2020 of the State Commission and the memorandum of appeal.
The dispute relates to repudiation of an insurance claim. Vide its Order of 05.02.2020 the State Commission has dismissed the complaint in default in the absence of the complainant. The said Order is reproduced below for reference:
05.02.2020
Item No. 16
C-1186/17
Present: None for the Complainant.
Sh. Manoj Kumar, Counsel for the OP.
He has filed copy of letter dated 30.01.2020 informing the complainant that vehicle has been traced and he may got the same released from PS-Khatoli, Distt. Muzaffar Nagar, U.P.
None appeared for the complainant even on the last date. It appears that complainant is not interesting in pursuing the case. The complaint is dismissed in default.
Filed be consigned to Record Room.
Learned counsel for the complainant submits that it was dutifully pursuing its complaint before the State Commission. It had filed its rejoinder to the written version of the insurance co. It has a good case on merit and wants opportunity to present its case before the State Commission. Submission is that the complainant will suffer from “miscarriage of justice” if the complaint is not restored.
In rebuttal learned counsel for the insurance co. submits that the State Commission dismissed the complaint in default since the complainant was not present to pursue its case. Even otherwise the complainant has no case on merit. Submission is that the State Commission has rightly dismissed the complaint and no further opportunity needs to be provided to the complainant.rightly dismissed the complaint in default. 05.02.2020 before the liant is not decided on merits.
Considering the nature of the dispute and the overall facts and circumstances of the case, it is felt to be just and conscionable that opportunity be provided to the complainant 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 05.02.2020 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 its case professionally before the State Commission.
The complainant and the insurance co. are directed to appear before the State Commission on 01.12.2022. 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. 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.