1.      Both the present First Appeals No.302 and 303 have been filed against the interim orders of the State Consumer Disputes Redressal Commission, UP, Lucknow (‘the State Commission) dated 13.10.2022 and 15.11.2022 respectively passed in C.C. No.27 of 2015 whereby the State Commission vide order dated 13.10.2022 dismissed the Application moved by the Appellant Insurance Company seeking dismissal of the complaint at the preliminary issue with cost of Rs.1,00,000/- and vide order dated 15.11.2022, the defence of the Appellant Insurance Company has been struck off due to non-filing of questionnaire as also non-depositing of cost of Rs.1,00,000/- imposed vide order dated 13.10.2022.

2.      As per report of the Registry, there is a delay of 99 days in filing of both the Appeals.  For the reasons stated in the Application seeking Condonation of delay, the same is condoned respectively.

3.      Heard the learned Counsel for both the Parties and perused the impugned orders passed by the State Commission.

4.      The learned Counsel for the Appellant submits that if an Application is not proved to be frivolous on legal grounds and ultimately got dismissed without granting any relief, there is no ground for imposing any cost on the Applicant, specifically when the Appellant had raised specific question of law before the State Commission. He further submitted that the cost imposed vide order dated 13.10.2022 passed by the State Commission be waived and one opportunity may be granted to file the questionnaire before the State Commission. On the other hand, the learned Counsel for the Respondent/Complainant argued in favour of the impugned orders passed by the State Commission and he submits that both the First Appeals be dismissed with heavy costs.

5.      After analyzing the arguments advanced by both the parties and in the interest of justice, the order dated 13.10.2022 passed by the learned State Commission is modified only to the extent that the cost of Rs.1,00,000/- imposed, while dismissing the Application seeking dismissal of complaint at the preliminary issue is waived. Further, the order dated 15.11.2022 passed by the learned State Commission is set aside and one opportunity is granted to the Appellant Insurance Company to file questionnaires before the State Commission on the date already fixed before the State Commission, subject to payment of cost of Rs.25,000/- to the Respondent/ Complainant directly by way of demand draft, within four weeks from the receipt of this order and proof of the cost paid to be filed before the State Commission on the next date fixed before the State Commission. The State Commission is requested to consider and dispose of the Complaint on merits in accordance with law.

6.      Both the First Appeals No.302 and 303 of 2023 are disposed of accordingly.

7.      All pending Applications, if any, stand disposed of accordingly.                                  

8.      Both the Parties are directed to appear before the State Commission on 29.04.2024.