ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No.689 of 2016

(Against judgment and order dated 27.2.2016, passed by District Forum-II, Lucknow in complaint case No.967 of 2012)

Himanshu Kumar, aged about 43 years,

S/o Late Sri Shambhunath Srivastava,

R/o C/o Chandrika Prasad House NO.B-1/51,

Sector-J, Aliganj, Lucknow.                     ……. Appellant.

Versus

1- Medi Assist India TPA Pvt. Ltd., B-20, Sector-2,

    Noida (near Noida, Sector-15, Metro Station

    Opposite HCL Comnt.) Noida, U.P.-201301 through

    Its Manager Consumer Service Department.

2- Reliance General Insurance Company Limited,

    D-58/12, A-7, Ist Floor, Banaras, TVS Sigra,

    Varanasi, U.P.-221010 through its Manager

                                                               ……Respondents.

Present:

Hon'ble Mr. Justice Akhtar Husain Khan, President.  Hon'ble Mr. Mahesh Chand, Member.

Sri Shishir Pradhan for the Appellant.

Sri Mahendra Kumar Misra for the Respondent no.2

Date: 19.7.2016

JUDGMENT

              Mr. Justice Akhtar Husain Khan, President

This is an appeal filed under Section 15 of the Consumer Protection Act, 1986 against order dated 27.2.2016, passed by District Consumer Disputes Redressal Forum-II, Lucknow (in short District Forum) in complaint case No.967 of 2012 whereby District Forum

(2)

has dismissed the complaint in default of the complainant.

Ld. Counsel Sri Shishir Pradhan appeared for appellant. Ld. Counsel Sri Mahendra Kumar Misra appeared for respondent no.2. None appeared for respondent no.1 inspite of sufficient service of notice.

We have heard Ld. counsel for the parties and perused the impugned order.

Appellant has shown sufficient reason for absence on 27.2.2016 before the District Forum. We are of the view that the order dated 27.2.2016 should be set aside and the case should be remanded to District Forum for proceeding further in accordance with law.

In view of above, appeal is allowed. The impugned order dated 27.2.2016 is set aside and the District Forum-II, Lucknow is directed to restore the said complaint on its original number and to proceed further in accordance with law after giving opportunity of written statement and evidence to the parties concerned.   

The District Forum shall decide the complaint expeditiously.

(Justice Akhtar Husain Khan)        (Mahesh Chand)

              President                                     Member

Jafri PA II

Court No.1