NCDRC

NCDRC

RP/76/2023

KOCHARLAKOTA VENKATESWARA RAO - Complainant(s)

Versus

STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED & 3 ORS. - Opp.Party(s)

M/S. K.P. SUNDAR RAO & ASSOCIATES

31 Oct 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 76 OF 2023
(Against the Order dated 29/09/2022 in Appeal No. 365/2019 of the State Commission Andhra Pradesh)
1. KOCHARLAKOTA VENKATESWARA RAO
...........Petitioner(s)
Versus 
1. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED & 3 ORS.
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,PRESIDING MEMBER

FOR THE PETITIONER :NEMO

Dated : 31 October 2023
ORDER

1.       Repeatedly called out.  None appears for the petitioner.   

2.       Perusal of the record shows that the defects had been reported but they have not been cured.   

3.       Proceedings dated 03.02.2023 may be quoted in this regard hereinbelow:

Dated : 03.02.2023

PROCEEDINGS

Registry has reported that the defects have not been cured, both, in Physical as well as in the E-daakhil file.

Learned Counsel for the Petitioner prays for and is allowed four weeks’ time to cure the defects, both, in Physical as well as in the E-daakhil file.

List the matter before the Hon’ble Bench for admission hearing on 22.03.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.

     

 

4.       Further to it proceedings dated 22.03.2023 shows that none appeared for the petitioner and the defects were also not cured.  Proceedings dated 22.03.2023 may be quoted in this regard hereinbelow:

Dated : 22.03.2023

PROCEEDINGS

None present for the Petitioner.

Registry has reported that the defects have not been cured, both, in Physical as well as in the E-daakhil file.

The Petitioner / Learned Counsel for the Petitioner shall cure the defects, and upload the complete E-daakhil (defect-free) file, within a period of five weeks.

List the matter before the Hon’ble Bench for admission hearing on 23.05.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.

            Let a copy of today’s Proceedings be sent to the Petitioner, as well as to the Ld. Counsel for the Petitioner, for information and necessary action.

     

 

5.       Once again when the matter was taken up next the defects still were not cured.  Proceedings dated 23.05.2023 may be quoted in this regard hereinbelow:

Dated : 23.05.2023

 

PROCEEDINGS

None present for the Petitioner.

Registry has reported that the defects have not been cured, both in physical as well as in the E-daakhil file.

Learned Counsel for the Petitioner shall cure the defects, and upload the complete E-daakhil (defect-free) file, within a period of five weeks.

List the matter before the Hon’ble Bench for admission hearing on 10.07.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded or else before the Registrar.

Let a copy of today’s Proceedings be sent to the Learned Counsel for the Petitioner, for information and necessary action.

     

 

6.       Further the situation remained the same.  Proceedings dated 10.07.2023 and 21.08.2023  may be quoted in this regard hereinbelow:

Dated : 10.07. 2023

 

PROCEEDINGS

       Registry has reported that the defects have not been cured, both, in Physical as well as in the E-daakhil file.

       Learned Proxy Counsel for the Petitioner prays for and is allowed two  weeks’ time to cure the defects, both, in Physical as well as in the E-daakhil file.

       In view of the intra office note dated 17.05.2022, list the matter before the Hon’ble Bench No. 1 for admission hearing on 21.08.2023, if the defects are cured, and the complete E-daakhil (defect-free) file is uploaded, or else before the Registrar.

     

 

 

Dated : 21.08. 2023

   

 

PROCEEDINGS

Registry has reported that the defects have not been cured, both in physical as well as in the E-daakhil file.

Learned Proxy Counsel for the Petitioner prays for and is allowed six weeks’ time to cure the defects.

In view of the intra office note dated 17.05.2022, list the matter before the Hon’ble Bench No.1 for admission hearing on 31.10.2023, if the defects are cured and the complete E-daakhil (defect-free) file is uploaded or else for directions.

     

 

 

 

7.       Today the matter has been taken up but none appears for the petitioner.  Neither learned counsel nor proxy counsel nor anybody else appeared on behalf of the petitioner.  The office report indicates that number of defects remained unaddressed.  It appears that the matter is not being pursued in right earnest. It appears to be a case of non-prosecution.

The petition is dismissed in non-prosecution.

8.       However, in the interest of justice it may be observed that if the petitioner is interested in pursuing the matter in right earnest with due diligence and feels aggrieved by this Order he may move appropriate application for recall of Order and restoration of petition in accordance with law  while addressing the defects along with it.            

9.       The Registry is requested to send a copy each of this Order to all parties in the petition and to the learned counsel for the petitioner. The stenographer is requested to upload this Order on the website of this Commission immediately.  

 
..................................................J
KARUNA NAND BAJPAYEE
PRESIDING MEMBER

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