ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO.  1637 OF 2017

            (Against the order dated 22-02-2017 in Complaint Case

                       No.09/2014 of the District Consumer Forum, Ghaziabad)

          Smt. Nirupama Sharma

44/6, Railway Colony

Kishanganj, Delhi-110007

                                                                  ...Appellant/Complainant

                                                     Vs.

1. Max Life Insurance Co. Ltd.

Through its Managing Director/

Director/Company Secretary

2^nd Floor, Operation Centre

90A, Udyog Vihar, Sector-18

Gurgaon, Haryana-122015.

2. Axis Bank Limited

Delhi RAC, Himalaya House

Upper Ground & First Floor

K G Marg, Connaught Place

New Delhi-11001

                                                                  ...Respondents/Opposite Parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Appellant                 :  Sri Sushil Kumar Sharma, Advocate.

For the Respondent No.1     :  Sri Neeraj Singh, Advocate.

For the Respondent No.2     :  Sri Mukut Bihari Tripathi, Advocate.               

Dated : 12-04-2018

                                            JUDGMENT

MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri Sushil Kumar Sharma, learned Counsel for the appellant appeared.

Sir Neeraj Singh, learned Counsel for the respondent No.1 appeared.

Sri Mukut Bihari Tripathi, learned Counsel for the respondent No.2 appeared.

We have heard learned Counsel for the appellant and perused memo of appeal as well as impugned order.

:2:

Vide impugned judgment and order the complaint has been dismissed in default of complainant. As such the appeal is disposed of finally at the stage of admission itself.

Perusal of impugned order shows that Complaint No. 09 of 2014 Nirupama Sharma V/s Max Life Insurance has been dismissed on 22-02-2017 by District Consumer Forum, Ghaziabad in default of complainant whereas opposite party was present before District Consumer Forum.

Appellant has shown sufficient reason for her absence on date fixed.

In view of above, we are of the view that appeal should be allowed and exparte order dated 22-02-2017 should be set aside on payment of cost.

In view of above, the appeal is allowed. Impugned order dated 22-02-2017 passed by District Consumer Forum, Ghaziabad in Complaint Case No. 9 of 2014 Nirupama Sharma V/s Max Life Insurance is set aside on payment of cost of Rs.500/-. The complaint is remanded back to the District Consumer Forum with a direction to restore it on its original number. The complainant shall deposit cost of Rs.500/- before District Consumer Forum on date fixed in this judgment. Thereafter case shall be restored on its original number and notice shall be issued to the opposite parties by District Consumer Forum for proceeding further in accordance with law. The appellant shall appear before District Consumer Forum on 25-05-2018 positively.

It is clarified that if the cost is not paid on the date of appearance fixed above, this order shall have no effect.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

                                                                      (MAHESH CHAND )

                                                                                      MEMBER                                                                                    

            Pnt