State Consumer Disputes Redressal Commission
M/S Alankit Healthcare Tpa Ltd. vs Sh. Satya Pal Rathore on 3 July, 2015
Daily Order IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of the Consumer Protection Act, 1986) Date of Decision: 03.07.2015 First Appeal No. 29/2015 (Arising out of the order dated 27.05.2013 passed in complaint case No. 225/2011 by the District Consumer Disputes Redressal Forum, Kashmere Gate, Delhi) In the matter of: M/s Alankit Healthcare TPA Ltd. Branch Office At:- Alankit House, 2E/21 Jhandewalan Extension, New Delhi-110055 Appellant Versus Sh. Satya Pal Rathore S/o Late Sh. Sheoraj Singh R/o F-41 A, Harkesh Nagar New Delhi-110020 Respondent
CORAM SH N P KAUSHIK - Member (Judicial) SH. S.C. JAIN - Member
1. Whether reporters of local newspaper be allowed to see the judgment? Yes
2. To be referred to the reporter or not? Yes N P KAUSHIK - MEMBER (JUDICIAL) JUDGEMENT Heard on appeal.
Appellant has impugned the orders dt. 27.05.2013, vide which the appellant/OP-1 was proceeded against ex-parte.
The Ld. District Forum in the orders impugned, observed that the OP-1 and OP-2 were served by way of registered post. Ld. Counsel for the appellant/OP-1 present in the Court has submitted that the notice though was received by OP-1 but the same got mixed up in other papers lying in his office. It was for this reason that the OP No. 1 could not put his appearance in the District Forum.
We have no reasons to disbelieve the contention put forth by OP No. 1. Appeal is, therefore, allowed. Impugned orders dt. 27.05.2013 are set aside. OP-1 to appear in the District Forum on 27.08.2015. OP No. 1 shall file his written version in the District Forum on that date and supply copies thereof in advance to the complainant and OP-2.
Appeal file be sent to Record Room. A copy of this order be sent to Ld. District Forum concerned.
(N P Kaushik) Member (Judicial) (S C Jain) Member