Delhi

StateCommission

A/488/2018

KISHNA DEVI - Complainant(s)

Versus

LIC OF INDIA - Opp.Party(s)

AJAY K. SINGH

07 Dec 2018

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                         

First Appeal No. 488/2018

 

(Arising out of the order dated 23.08.2018 passed in complaint case No. 568/2017 by the District Consumer Disputes Redressal Forum VI, Vikas Bhawan, New Delhi-110002)

In the matter of:

 

Smt. Krishna Devi & Ors.

W/o Late Sri Kishan Lal

C-3/359, C-Block

Nand Nagri

Delhi                                            …….Appellant

 

Versus

 

The Branch Manager

LIC of India

Delhi Sub-Divisional Office-I

Jeevan Prakas, 25 K.G.Marg

New Delhi-110001                  .........Respondent

                                                                  

                                                                  

BEFORE:

 

JUSTICE VEENA BIRBAL                 -                       PRESIDENT

 

1.             Whether reporters of local newspaper be allowed to see the judgment?                                              Yes

2.             To be referred to the reporter or not?                                                                                                    Yes

 

Dated: 07^th December 2018

 

ORDER

 

Justice Veena Birbal, President

 

1.         By way of this appeal prayer is made for recalling of order dated 23.08.2018 passed by Ld. District Forum VI in Complaint Case No. 568/2017 by which the present complaint has been dismissed for non-appearance.
2.         The aforesaid order reads as under:

“23/08/2018

CC-568/17

Present: None.

Let the complainant be awaited till 2:00 P.M.

Now it is 02:28 P.M.

None appeared on behalf of the complainant despite repeated calls. File perused it is found that none appeared on behalf of the complainant from the last 3 dates. Complaint is therefore dismissed in default.

File be consigned to Record Room.”

 

3.         It is stated that after admission of complaint case, Ld. District Forum had referred the matter to mediation centre. However, mediation proceedings failed, thereafter, matter was sent back to Ld. District Forum for 03.08.2018. It is stated that due to bonafide mistake the appellant/complainant could not appear before District Forum as a result of which the aforesaid order has been passed. It is stated that appellant/complainant is a senior citizen and also had fracture in her leg. It is stated that a great prejudice shall be caused to appellant/complainant in case the aforesaid order is not set aside.
4.         No notice of present appeal is issued to respondent/OP as respondent/OP had also not appeared before District Forum when the aforesaid order was passed. It is stated that respondent/OP is yet to file written statement before District Forum.
5.         Considering the reasoning given as well as considering that important right of appellant/complainant is involved, the impugned order is set aside and the complaint is restore to its original position. Appellant/complainant is warned to be cautious in future.
6.         Let appellant/complainant appear before District Forum on 01.02.2019. It is clarified that District Forum shall not proceed further in the matter without issuing fresh notice to respondent/OP.
7.         A copy of the order be made available to the parties free of costs as per rules.
8.         A copy of the order be also sent to District Forum for information.
9.         File be consigned to Record Room.

 

(Justice Veena Birbal)

• President