State Consumer Disputes Redressal Commission
Suneeta Devi vs O I C Ltd on 4 January, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2984/2016 (Arisen out of Order Dated 08/11/2016 in Case No. C/93/2014 of District Barabanki) 1. Suneeta Devi Barabanki ...........Appellant(s) Versus 1. O I C Ltd Barabanki ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 04 Jan 2017 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 2984 OF 2016 (Against the judgment/order dated 08-11-2016 in Complaint Case No.93/2014 of the District Consumer Forum, Barabanki ) Suneeta Devi W/o Ram Prakash R/o Vilage Prsaula Post Ahmadpur Pargana Suryapur Tehsil Ramsanahi Ghat District Barabanki ...Appellant/Complainant Vs.
01.The Oriental Insurance Co. Ltd.
Indira Market Barabanki Through Branch Manager
02.Grameen Bank of Aryavrat Ahmadpur Naeuchana Branch Barabanki Through Branchg Manager ...Respondents/Opposite Parties BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MRS. BAL KUMARI, MEMBER For the Appellant : Sri Ashutosh Mishra, Advocate.
For the Respondent : - Dated : 04-01-2017 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Ashutosh Mishra, learned Counsel for the appellant appeared.
We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order. The appeal is within time.
Admit and register appeal.
Perusal of impugned order shows that Complaint No. 93/2014 Suneeta Devi V/s The Oriental Insurance Company Limited and another has been dismissed on 08-11-2016 by District Consumer Forum, Barabanki in default of complainant whereas respondents were present before District Consumer Forum.
Appellant has shown sufficient reason for his absence on date fixed.:2:
In view of above, we are of the view that appeal should be allowed and exparte order dated 08-11-2016 should be set aside on payment of cost.
In view of above, the appeal is allowed. Impugned order dated 08-11-2016 passed by District Consumer Forum, Barabanki in Complaint Case No. 93/2014 Suneeta Devi V/s The Oriental Insurance Company Limited and another is set aside on payment of cost of Rs.250/- to each respondents/opposite parties no.1 and 2. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The case shall be restored only after payment of cost of Rs.250/- to each respondents/opposite parties no.1 and 2 by complainant. After restoration of case the District Consumer Forum shall issue notices to the opposite parties of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 02-02-2017 positively.
It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.
Let copy of this order be made available to the appellant positively within 15 days as per rules..
( JUSTICE A H KHAN ) PRESIDENT ( SMT. BAL KUMARI ) MEMBER Pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT