Delhi

StateCommission

A/160/2017

M/S HANS HERBAL OVERSEAS (INDIA) - Complainant(s)

Versus

ORIENTAL INSURANCE CO. LTD. & ANR. - Opp.Party(s)

VIPIN KUMAR

18 Apr 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

First Appeal No.160/2017

(Arising out of the order dated 22.11.2016 passed in Complaint Case No.620/2014 by the District Consumer Disputes Redressal Forum(North West) Delhi)

 

 

M/s. Hans Herbal Overseas (India)                                                … Appellant

 

Versus

 

Oriental Insurance Company & Ors.                                          … Respondents

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

For the Appellant:	Mr. Abhishek A., Advocate.
For the Respondents	Mr. Anant Prakash, Counsel for Respondent No.1. None for Respondent No.2.

 

 

Dated: 18^th April, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                   By way of this appeal prayed is made for recalling of the order dated 22.11.2016 passed by the Consumer Disputes Redressal Forum (North West) in CC No.620/2014 by which the aforesaid complaint was dismissed for non-appearance.

                 Perusal of the order-sheet shows that the appellant/complainant had not appeared before the District Forum for 03 consecutive dates of hearing.

                 In view of the said reasoning as well as keeping in mind the interest of justice and for effective disposal of the case on merits, we accept this appeal, set aside the impugned order and restore the complaint to its original position, subject to deposit of costs of Rs.2,000/- with Consumer Welfare Fund (Legal Aid).

                 Let parties before the District Forum on 18.07.2018. On the said date the appellant/complainant shall produce the receipt of the deposit before the District Forum. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 A copy of this order be sent to the parties free of costs as per rule and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

 

 

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member