1.       This appeal has been filed under Section 19 of The Consumer Protection Act, 1986 in challenge to the Order dated 08.01.2020 of the State Commission in complaint no. 100 of 2017.

Heard the learned counsel for the appellant and perused the material on record including inter alia the impugned Order dated 08.01.2020 of the State Commission and the memorandum of appeal.

No one appears for the respondents no.1 and no. 2.

2.       Vide its Order of 08.01.2020 the State Commission has dismissed the complaint for want of prosecution in the absence of the complainant i.e. the appellant herein as also for non-payment of process fee by the complainant. The said Order of the State Commission is reproduced below for reference:

08.01.2020

None for the parties even when the case was called in second round.

Complainant has also not paid PF for service of notice on opposite party no.1.

Dismissed for want of prosecution as also for non-payment of PF. 

3.       Learned counsel for the appellant - complainant submits that the matter relates to repudiation of an insurance claim on the tragic death of the complainant’s son aged about 23 years. The complainant has a good case on merit and wants opportunity to present his case before the State Commission. He will dutifully conduct his complaint before the State Commission. Submission is that the complainant will prejudicially suffer irreparably if the complaint is not restored and it may eventually lead to complete miscarriage of justice leaving the complainant remediless and helpless. 

4.       That being as it may, but having objectively and impartially considered the nature of the dispute and the overall facts and circumstances as are being borne out by the record, it is deemed to be just and conscionable that opportunity be provided to the appellant - complainant for getting the matter adjudicated on merit before the State Commission.

This Commission is consciously refraining from detailing the facts or critiquing the matter since the dispute is as yet to be adjudicated on merit and it does not wish to in any manner colour the vision of the forum below.

5.       The Order dated 08.01.2020 of the State Commission is set aside and the complaint is restored to its original number before the State Commission.

The appellant - complainant is sternly advised to conduct his case properly with due diligence before the State Commission.

The appellant - complainant and the respondents no. 1 & no. 2 – opposite parties no. 1 & no. 2 are directed to appear before the State Commission on 17.02.2023.

The State Commission is requested to adjudicate the complaint, as per the procedure, on merit, in accordance with the law.

6.       The respondents no.1 & no. 2 – opposite parties no. 1 & no. 2 have not appeared before this Commission today. However, both are aware of this matter since they had put in their respective appearances on the previous date i.e. 12.07.2022 before this Commission.

However, notwithstanding the same, in the interest of justice, as a matter of  abundant fairness, if, for whatever reason, the respondents no.1 & no. 2 – opposite parties no.1 & no. 2 are not present or represented before it on 17.02.2023 the State Commission shall issue notice to them and ensure that the same is duly served. In such contingency the steps shall be taken by the complainant within the time period as may be stipulated by the State Commission. If the opposite parties no. 1 & no. 2 still do not present themselves before the State Commission despite service, the State Commission shall so proceed further with the adjudication of the complaint as per the law.

7.       The Registry is requested to send a copy each of this Order to all parties and to their learned counsel within three days. It is further requested to most immediately send a copy of this Order to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.