State Consumer Disputes Redressal Commission
Om Prakash Srivastava vs Relience General Insurance Co. Ltd on 1 September, 2016
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/1698/2016 (Arisen out of Order Dated 25/07/2016 in Case No. C/43/2010 of District Farrukhabad) 1. Om Prakash Srivastava Farukhabad ...........Appellant(s) Versus 1. Relience General Insurance Co. Ltd Kanpur ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 01 Sep 2016 Final Order / Judgement
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 1698 OF 2016 (Against the judgment/order dated 15-01-2015 in Complaint Case No.43/2010 of the District Consumer Forum, Farrukhabad ) Om Prakash Srivastava S/o Late Sri Narayan Lal Srivastava R/o House No.1/2 Mohalla Kasratta Fatehgarh, District Farrukhabad ...Appellant/Complainant Vs. Reliance General Insurance Co. Ltd.
Through its Manager Office at Mega Mall, Mall Road Kanpur.
Mr. Ikhlaq Mohammad @ Lalla S/o Raubh Khan R/o Mohhalla Garikhana Near balram Ji Gas Service, Fatehgarh District Farrukhabad ...Respondents/Opposite Parties BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MRS. BAL KUMARI, MEMBER For the Appellant : Sri Rajeev Srivastava, Advocate.
For the Respondent : - Dated : 01-09-2016 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Sri Rajeev Srivastava, learned Counsel for the appellant appeared.
Heard learned Counsel for the appellant. We have perused memo of appeal and impugned order.
Perusal of impugned order shows that Complaint No. 43/2010 Om Prakash Srivastava V/s Reliance General Insurance Company Limited and another has been dismissed on 15-01-2013 by District Consumer Forum, Farrukhabad in default of complainant whereas respondent no.1 was present before District Consumer Forum.
Appellant has shown sufficient reason for his absence on date fixed.
In view of above, we are of the view that appeal should be allowed and exparte order dated 15-01-2013 should be set aside on payment of cost.:2:
In view of above, the appeal is allowed. Impugned order dated 15-01-2013 passed by District Consumer Forum, Farrukhabad in Complaint Case No. 43/2010 Om Prakash Srivastava V/s Reliance General Insurance Company Limited and another is set aside on payment of cost of Rs.500/-. 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.500/- to the respondent/opposite party no.1 by complainant. After restoration of case the District Consumer Forum shall issue notice to the opposite party of the case and shall proceed further in accordance with law. The appellant shall appear before the District Consumer Forum on 30-09-2016 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