State Consumer Disputes Redressal Commission
Parasnath Sharma vs Bajaj Alliance Lic on 24 August, 2016
M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No. 1570 /2012.
PARASNATH SHARMA. .... APPELLANT.
VERSUS
BRANCH MANAGER,
BAJAJ ALLIANZ LIFE INSU.
COMPANY, SIDHI. ....RESPONDENT.
Date of ORDER WITH SIGNATURE Order of the Registrar Order on Office noting 24.8.2016 Appellant / Parasnath Sharma in person.
2. Ms. Sangeeta Moharir, learned counsel for respondent.
3. Heard.
4. The appellant has filed this appeal against the order dated 26.7.2012 passed by the District Forum, Sidhi in MJC No.5/2012.
5. The complaint No.63/10 of the appellant had been dismissed by the Forum for want of prosecution by order dated 27.1.2012. Instead of challenging the said order by filing an appeal, the complainant filed an application under order 9 rule 4, CPC for restoration of the complaint before the Forum itself. The Forum in view of the law laid down by the Apex Court in Rajeev Hitendra Pathakv s. Achyut Kashinath, (2011) 8 ACJ 308 dismissed the said application holding that the Forum had no power to review or recall the order passed by it.
Date of ORDER WITH SIGNATURE Order of the Registrar
Order on Office noting
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6. Apparently, the impugned order which has been challenged before the Commission calls for no interference.
7. At this stage, appellant seeks liberty to challenge the order passed by the Forum in the complaint on 27.1.2012 and withdraw this appeal.
8. In view of the submission made by the appellant, this appeal is disposed of as withdrawn subject to liberty aforesaid.
(Justice Rakesh Saksena) (Smt. Neerja Singh)
PRESIDENT MEMBER
Phadke