1.   Learned proxy counsel for the appellants requests for an adjournment. Learned arguing counsel has sent a letter to seek adjournment.

2.   A perusal of the record shows that this appeal has been filed against an interlocutory Order dated 20.07.2016 of the State Commission in C.C. no. 04 of 2016, whereby the right of the opposite parties no. 1, no. 2 and no. 3, who are the appellants no. 1, no. 2 and no. 3 herein, to file written version has been closed.

The said opposite parties no. 1, no. 2 and no. 3 before the State Commission are officials, by designation, of PNB Metlife India Insurance Company Ltd.

The opposite party no. 4 before the State Commission is an official, by name and designation, of PNB Metlife India Insurance Company Ltd. The opposite party no. 4 had, as of then, when the State Commission passed its impugned Order of 20.07.2016, not been served. The said opposite party no. 4 is the appellant no. 4 herein.

The appeal was filed before this Commission on 26.08.2016. Till date, i.e. till 18.02.2020, for about three and a half years, the respondent / complainant has not been served. Repeatedly adjournments have been sought, repeatedly fresh address of the respondent / complainant has not been filed.

Such dilatory and impedimentary acts on the part of the appellants are not viewed favourably.

3.   The request for adjournment is politely declined.

4.   The matter is hereinafter being decided on the basis of record.     

5.   In the interest of justice, for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction, the written version of the opposite parties no. 1, no. 2 and no. 3 shall be taken on record, subject to suitable/just terms/cost of Rs. 50,000/- to be paid to the complainant and Rs. 50,000/- to be deposited in the Consumer Legal Aid Account of the State Commission before or on the next date of hearing, being hereinafter fixed, before the State Commission.

If the opposite party no. 4 wishes to file its written version, it may do so before or on the next date of hearing before the State Commission, subject to suitable/just terms/cost of Rs. 25,000/- to be paid to the complainant and Rs. 25,000/- to be deposited in the Consumer Legal Aid Account of the State Commission before or on the next date of hearing before the State Commission.

The Order dated 20.07.2016 of the State Commission stands modified to the afore extent.

6.   It is made explicit here that the opposite party no. 4, the appellant no. 4 herein, is aware of the complaint case before the State Commission, and, as such, there is no need for the State Commission to issue notice to it again.

7.   The opposite parties no. 1 to no. 4 are sternly advised to conduct their case professionally before the State Commission.

8.   The parties are directed to appear before the State Commission on 23.03.2020.

9.   The State Commission is requested to take the respective written versions of the appellant no. 1, no. 2 and no. 3 / opposite parties no. 1, no. 2 and no. 3 and of the appellant no. 4 / opposite party no. 4 on record, if the stipulated cost of Rs. 50,000/- + Rs. 50,000/- = Rs. 1,00,000/- and of Rs.25,000/- + Rs. 25,000/- = Rs. 50,000/- respectively is duly paid / deposited within the stipulated period i.e. before or on 23.03.2020, to give opportunity to the complainant to file his rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

10. Needless to say that if the cost imposed is not paid / deposited within the stipulated period, the written version of the opposite parties no. 1, no. 2 and no. 3 and / or of the opposite party no. 4 shall not be taken on record, and the State Commission shall so proceed further with the adjudication of the case.

11. If the respondent / complainant has any objection to the above, both sides, i.e. the appellants / opposite parties no. 1 to no. 4 and the respondent / complainant, both, shall appear before this Commission on 24.04.2020, for this Commission to consider the objection and to pass appropriate order.

12.   The principal onus of informing the respondent / complainant of this instant Order shall be of the appellants / opposite parties no. 1 to no. 4. They may do so within two week from today, without fail, and file proof thereof before the State Commission within a further period of two weeks (i.e. within total four weeks from today).

13.   If, for whatever reason, the respondent / complainant is not present before the State Commission on the date fixed hereinabove, i.e. 23.03.2020, the State Commission is requested to issue notice to him and to also direct the appellants / opposite parties no. 1 to no. 4 to effect ‘dasti’ service of notice in addition.

14.   The Registry is directed to send a copy each of this Order to the State Commission and to the respondent / complainant within three days from today.

        ‘Dasti’, in addition, to facilitate timely compliance.