The present Appeal has been preferred by M/s. Universal Sompo General Insurance Co. Ltd. against the Order dated 06.08.2018 passed by the State Consumer Disputes Redressal Commission, Maharashtra, In-charge of Amravati Circuit Bench (hereinafter as ‘the State Commission’) whereby the State Commission had directed the Matter to be proceeded ex-parte against the present Appellant as nobody had appeared on 06.08.2019 before the State Commission. 2. I have heard Mr. Brijesh Bagga, learned Counsel appearing for the Appellant and Mr. Sumit Saurav, learned Counsel appearing for the Respondent/Complainant and perused the Impugned Order passed by the State Commission as also grounds taken in the Memo of Appeal and documents filed along with it. 3. Mr. Brijesh Bagga, learned Counsel for the Appellant submitted that as Mr.Priyadarshi Acharya, Assistant Manager, Legal-Claims, who was handling the case on behalf of the Appellant at that time, did not indicate the next date fixed to the learned Counsel, therefore, nobody appeared on behalf of the Appellant before the State Commission. 4. Mr. Sumit Saurav, learned Counsel for the Respondent/Complainant submitted that the Appellant is adopting delaying tactic on the one reason or the other for not appearing before the State Commission, as a result of which, the Complaint which was filed in the year 2016 is still pending. 5. Be that as it may, on account of mistake on the part of Mr. Priyadarshi Acharya, Assistant Manager, Legal-Claims of the Appellant Company, nobody appeared on behalf of the Appellant on the date fixed before the State Commission. In my considered opinion and in the interest of justice, it would be appropriate if one chance be given to the Appellant to appear before the State Commission so that the Complaint Case be decided expeditiously in accordance with law. Accordingly, the Impugned Order dated 06.08.2018 passed by the State Commission, so far as it directed to proceed ex-parte against the Appellant, is set aside and the Appellant shall appear along with certified copy of this Order before the State Commission on 22.03.2022 and the State Commission will be at liberty to fix the date on which Parties shall appear before it and thereafter the State Commission can proceed to decide the Complaint Case expeditiously, within six months from the date fixed, in accordance with law. The Appeal stands disposed of. |
