State Consumer Disputes Redressal Commission
Shri Mahendra Nath Kalita vs The Divisional Manager, New India ... on 27 May, 2022
Cause Title/Judgement-Entry BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION GUWAHATI First Appeal No. A/27/2015 ( Date of Filing : 18 Aug 2015 ) (Arisen out of Order Dated in Case No. of District ) 1. Shri Mahendra Nath Kalita S/o Late Rati Kanta Kalita,R/o Vill-Bezpar, P.O.-Madaibari,P.S.-Mangaldai, Dist.-Darrang, Assam ...........Appellant(s) Versus 1. The Divisional Manager, New India Assurance Co. Ltd., Auto Tie-up Divisional Office G. S. Road, Ulubari, Guwahati-781007,Dist.-Kamrup, Assam ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT HON'BLE MR. Sushil Kumar Sarma MEMBER HON'BLE MR. Sisir Kr Baruah MEMBER PRESENT: Mr. K. K. Bhatta, Advocate for the Respondent 0 Dated : 27 May 2022 Final Order / Judgement
On call none entered appearance on behalf of the parties to this appeal. On 4-3-2022, Mr. A. Baruah, learned counsel, appearing on behalf of the appellant submitted that the appellant had died but he lost contact with the legal heirs of the deceased appellant and sought time in order to take appropriate steps. On the other hand Mr. K.K. Bhatta, learned counsel, also appeared on behalf of the respondent insurance company.
As the appellant had died and there being no substitution as of now, the appeal has abated. Accordingly, this appeal stands dismissed on abatment. However, opportunity is granted to the legal heirs of the deceased appellant to file appropriate application, if so advised for restoring the same, if the cause of action survives for suing the respondent. [HON'BLE MR. JUSTICE Prasanta Kumar Deka] PRESIDENT [HON'BLE MR. Sushil Kumar Sarma] MEMBER [HON'BLE MR. Sisir Kr Baruah] MEMBER