State Consumer Disputes Redressal Commission
Sh. Harjinder Singh vs National Insurance Co. Ltd. on 22 April, 2015
H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA.
First Appeal No.15/2015
Date of Presentation: 18.02.2015
Date of Decision: 22.04.2015
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Harjinder Singh, Son of Shri Jora Singh,
Resident of Village and Post Office Ghurkari,
Tehsil and District Kangra, H.P.
.......... Appellant.
Versus
National Insurance Company Ltd.,
Branch Office 267, 2nd Floor,
Civil Lines, Dharamshala,
District Kangra, H.P.
.......... Respondent.
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Coram
Hon'ble Mr. Justice Surjit Singh, President
Hon'ble Mrs. Prem Chauhan, Member
Hon'ble Mr. Vijay Pal Khachi, Member
Whether approved for reporting?1
For the Appellant: None.
For the Respondent: Mr. J.S. Bagga, Advocate.
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O R D E R:
Justice Surjit Singh, President (Oral) Present appeal was received by post on 18.02.2015. Notice was sent to the appellant for today. He is not present. Respondent's counsel is present. 1 Whether Reporters of the local papers may be allowed to see the order?
Harjinder Singh Vs. National Insurance Co. Ltd.
(F.A. No.15/2015) ________________________________________________________________
2. Appeal is directed against the order of dismissal of complaint in default of appearance of the appellant.
3. It is stated in the grounds of appeal that the appellant had engaged a counsel to represent him, but the said counsel, by mistake, noted down the date of hearing as 19.01.2015, instead of 17.01.2015, on which date, the impugned order was passed, and because of this reason, he did not put in appearance. With the grounds of appeal, photostat copy of relevant folio from the diary of the counsel, has been submitted.
4. Though, the appellant is not present, despite service of notice, yet looking to the fact that the ground stated in the appeal is supported by an entry in the dairy of the counsel, engaged by the appellant to represent him before the District Forum, we are of the view that interests of justice would be better served, in case the appeal is allowed and 2 Harjinder Singh Vs. National Insurance Co. Ltd.
(F.A. No.15/2015) ________________________________________________________________ complaint is restored to file. We order accordingly.
5. Learned District Forum shall issue notice of appearance to the parties, on receipt of the record.
6. A copy of the order be sent to each of the parties, free of cost, as per Rules.
(Justice Surjit Singh) President (Prem Chauhan) Member (Vijay Pal Khachi) Member April 22, 2015.
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