State Consumer Disputes Redressal Commission
Kam Raj Sharma vs National Insurance Company Ltd & Anr. on 2 January, 2014
H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA.
First Appeal No: 302/2013.
Date of Presentation: 28.10.2013.
Date of Decision: 02.01.2014.
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Kam Raj Sharma, S/o Sh. Dev Raj Sharma,
R/o Vill. Kuhal, P.O. Deothi,
Tehsil Rampur, District Shimla, H.P.
... Appellant.
Versus
1. National Insurance Company Ltd.,
Shimla-2, H.P.
2. National Insurance Company,
Through its Branch Manager,
Branch Office, Main Market,
Tapri, District Kinnaur, H.P.
... Respondents.
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Coram
Hon'ble Mr. Justice (Retd.) Surjit Singh, President
Hon'ble Mr. Chander Shekhar Sharma, Member
Hon'ble Mrs. Prem Chauhan, Member.
Whether approved for reporting?1
For the Appellant: Mr. Rajesh Thakur, Advocate vice
Mr. Mohinder Verma, Advocate.
For the Respondents: Mr. Anil Tomar, Advocate.
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O R D E R:
Justice (Retd.) Surjit Singh, President (Oral) Present appeal is directed against the order dated 16.09.2013, of learned District Consumer Disputes Redressal Forum, Shimla, whereby appellant's complaint, under Section 12 of the Consumer Protection Act, 1986, 1 Whether reporters of the local papers may be allowed to see the order? Kam Raj Sharma vs. National Insurance Co. Ltd. & Anr. (F.A. No.302/2013) which he filed against the respondents, has been dismissed.
2. It is stated in the grounds of appeal that case was taken up prior to 16.09.2013, on 12.08.2013, and that by mistake the counsel engaged by the appellant noted down the next date (from 12.08.2013) to be 19.09.2013, instead of 16.09.2013 and because of this mistake on the part of the counsel, neither the counsel nor appellant could put in appearance on 16.09.2013, when the matter was taken up. Submission is supported by an entry in the diary of the counsel for the appellant. Original diary has been shown to us today by the counsel.
3. In view of the above stated position, appeal is allowed and the impugned order is set aside. Complaint filed by the appellant before learned District Consumer Disputes Redressal Forum, Shimla, titled Kam Raj Sharma vs. National Insurance Company Ltd. & Another, registered at Sr.No.244/2009, is restored to file.
4. Parties are directed to appeal before the learned District Consumer Disputes Redressal Forum, Shimla on 13.02.2014.
5. A copy of this order be sent to each of the parties, free of cost, as per Rules. 2 Kam Raj Sharma vs. National Insurance Co. Ltd. & Anr. (F.A. No.302/2013) (Justice Surjit Singh) President (Chander Shekhar Sharma) Member (Prem Chauhan) Member January 02, 2014.
DC Dhiman) 3