National Consumer Disputes Redressal
Shri Nikolai Valchev vs Hdfc Standard Life Indsurace Co. Ltd. on 8 April, 2015
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 566 OF 2013 (Against the Order dated 03/05/2013 in Complaint No. 471/2012 of the State Commission Delhi) 1. SHRI NIKOLAI VALCHEV S/O. MR. VATIO VALCHE, R/O. E-23, LAJPAT NAGAR PART-III, NEW DELHI-110024 ...........Appellant(s) Versus 1. HDFC STANDARD LIFE INDSURACE CO. LTD. THROUGH ITS MANAGER, HAVING ITS BRANCH OFFICE AT: C-4, IRCON BUILDING, DISTRICT-CENTRE SAKET, NEW DELHI-110017 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
For the Appellant : Ms. Sunita Singh, Adv. For the Respondent : Shri G.L.N. Murthy, Adv
Dated : 08 Apr 2015 ORDER
Heard Learned Counsel for the parties on appeal as well as on application for condonation of delay.
This appeal has been filed by appellant against order dated 3.5.2013 passed by State Commission in Complaint No. 2012/471- Nikolai Valchev VS HDFC Standard Life Insurance Co. Ltd.; by which complaint was dismissed in default.
Learned Counsel for appellant submitted that as appellant who is NRI, had gone abroad for business purpose and as counsel was busy in another court, complaint was dismissed in default by State Commission which may be restored and delay in filing appeal may be condoned. On the other hand, Learned Counsel for respondent submitted that as no reason has been assigned in application for condonation of delay and appeal being barred by limitation, this appeal may be dismissed.
Perusal of record reveals that Learned State Commission dismissed complaint on account of default of the complainant and respondent was also not present before State Commission. Strictly speaking, no notice was required to be given to respondent in this appeal but as notice had been given, Learned Counsel for respondent was heard.
No doubt, no dates have been mentioned in application for condonation of delay, but, as there is delay of only 36 days that too complaint dismissed in default, I deem it appropriate to condone delay subject to cost. In such circumstances, application for condonation of delay is allowed subject to depositing Rs. 5,000/- as cost with Legal-Aid Account of this Commission.
As complaint was dismissed in default on account of absence and Learned Counsel for appellant submitted that counsel for complainant was busy in another court so could not appear before State Commission and complainant had gone out of station, I deem it appropriate to restore complaint for disposal on merits.
Consequently, appeal filed by the appellant is allowed and order dated 3.5.2013 passed by Learned State Commission in Complaint No. 2012/471- Nikolai Valchev VS HDFC Standard Life Insurance Co. Ltd. is set aside and complaint is restored at its original number.
Parties are directed to appear before State Commission on 15.5.2015.
Learned State Commission is directed to proceed in accordance with law subject to filing proof of depositing Rs. 5,000/- in Legal-Aid Account of this Commission within a period of one month.
......................J K.S. CHAUDHARI PRESIDING MEMBER