State Consumer Disputes Redressal Commission
Indravadan Babubhai Patel vs Bajaj Allianz Gen Ins Co on 29 October, 2021
Details DD MM YY
Date of disposal 29 10 2021
Date of filing 15 12 2014
Duration 14 10 06
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD.
COURT NO: 04
Appeal No. 1549 of 2014
Indravadan Babubhai Patel,
Vihar Society, V.K.V. road,
Nadiad, Dist. Kheda. ... Appellant.
V/s.
1. Bajaj Allianz General Insurance Co. Ltd.
Gokuleshwar, 2nd Floor,
B/h. Standard Bank, R.C. Dutt road,
Alkapuri, Vadodara.
2. Rakesh Travels,
Trimurti Complex, opp. Bus stand,
Nadiad. ...Respondents.
BEFORE: Dr. J.G. Mecwan, Presiding Member.
APPEARANCE: Mr. A.S. Patel, L.A. for the appellant.
Mr. V.P. Nanavaty, L.A. for the respondent no. 01, Mr. M.A. Patel, L.A. for the respondent no. 02. Order below Exhibit 05, Exhibit 06, Exhibit 07. ORDER BY DR. J.G. MECWAN, PRESIDING MEMBER, Oct. 29, 2021.
1. Learned Advocate Mr. A.S. Patel for the appellant has submitted pursis dated 13.07.2021 and 05.10.2021 which are on record at Exh. 13 and Exh. 14. In the pursis dated 13.07.2021 Ld. Adv. Mr. Patel has intimated this Commission that as per information received by him, Appellant/original complainant is died.
2. Learned Advocate Mr. Patel has produced a copy of letter dated 23.07.2021 addressed to complainant wherein it has been informed by Page 1 of 3 R.I. DESAI A/14/1549 ld. Adv. to the legal heirs of the complainant to send a death certificate of the deceased, Pedhinama and Xerox copy of Adhar Card of the legal heirs.
3. In the pursis dated 05.10.2021 at Exh. 14 Ld. Advocate for the appellant has declared before this Commission that even after notice was sent to the legal heir of deceased, neither the copy of demanded documents sent to him nor legal heirs of the complainant have approached him.
4. As per provisions of order XXII, Rule 3 of CPC, where one of two or more plaintiffs dies and the right to sue not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to sue survives, the court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party. It is further provided that within the time limited by law no application is made under sub- rule (1), the suit abates so far as the deceased plaintiff is concerned.
5. In this case, the complainant is the sole plaintiff and as per declaration made by ld. Adv. for the appellant, he died but this Court has not received copy of death certificate of appellant.
6. Today when the matter is called out, no one remained present for the complainant nor any application from the legal heir has been received by this Commission and looking to the old matter of the year 2014, as Page 2 of 3 R.I. DESAI A/14/1549 per Section 13(2) (C) read with Section 18 of the Consumer Protection Act, 1986 following order is passed.
ORDER
1. The Appeal No. 1549/2014 is hereby dismissed for default under Section 13 (2)(C) read with Section 18 of the Consumer Protection Act, 1986.
2. It is hereby clarified that if legal heirs of deceased complainant intend to revive this Appeal, they are at the liberty to file an application (Restoration Application) to revive this Appeal by depositing Rs.1000/-(Rupees one Thousand Only) in the Consumer Welfare Fund within a month. If the appellant does not file such an application within a stipulated time period then the present matter will be deemed to have been disposed of accordingly.
3. No order as to cost.
4. Office is directed to forward a free of cost certified copy of this judgment and order to the respective parties.
[Dr. J.G. Mecwan]
Presiding Member
Page 3 of 3
R.I. DESAI A/14/1549