National Consumer Disputes Redressal
Prem Narayan Alias Prem Ratna vs Manager, National Insurance Co. Ltd. & ... on 24 May, 2016
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2680 OF 2015 (Against the Order dated 19/11/2014 in Appeal No. 514/2014 of the State Commission Rajasthan) 1. PREM NARAYAN ALIAS PREM RATNA PROPRIETOR M/S LEGHA FILING STATION SATRANA TEH. GHARSANA DISTRICT SRIGANGANAGAR RAJASTHAN ...........Petitioner(s) Versus 1. MANAGER, NATIONAL INSURANCE CO. LTD. & ANR REGIONAL OFFICE, NATIONAL HIGHWAY SURATGARH ROAD, SRIGANGANAGAR RAJASTHAN 2. NATIONAL INSURANCE CO. LTD. REGD & HEAD OFFICE-3,MIDDLETON STREET KOLCUTTA WEST BENGAL-700071 ...........Respondent(s)
BEFORE: HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT HON'BLE MRS. M. SHREESHA, MEMBER For the Petitioner : Mr. Narender Singh Yadav, Advocate For the Respondent : Mr. Sanjay Rawat, Advocate Dated : 24 May 2016 ORDER Delay condoned.
This Revision Petition, by the Complainant, is directed against the order, dated 19.11.2014, passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Bikaner (for short "the State Commission") in First Appeal No.514 of 2014. By the impugned order, the State Commission has dismissed Petitioner's Appeal for non-prosecution, as the Counsel engaged by him had failed to put in appearance on that date and the previous date.
We have heard learned Counsel for the parties and perused the documents on record. Bearing in mind the fact that the Counsel representing the Petitioner had failed to appear before the State Commission on account of personal difficulty, for which default, if any, the Client/Complainant should not be made to suffer, we are of the view that an opportunity of having his say before the State Commission deserves to be granted to the Petitioner.
Consequently, the Revision Petition is allowed; the impugned order is set aside; and Appeal No. 514 of 2014 is restored to the board of the State Commission for disposal on merits.
The parties/their Counsel are directed to appear before the State Commission on 12.07.2016 for further proceedings.
......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER