STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                                                  Date of Institution: 12.03.2021

                                                     Date of final hearing: 14.02.2023

                                                               Date of Pronouncement:14.02.2023

First Appeal No.58 of 2021

in the matter of

United India Insurance Company Limited, Office at 801, above Indian Bank, Near Railway Road, G.T. Road, Panipat, through its Authorized Signatory, United India Insurance Company Limited, Regional Office, SCO No.123-124, Sector-17-B, Chandigarh.

.….appellant.

Through Counsel, Mr. Satpal Dhamija, Advocate

                                                               Versus

Sunil Kumar, Proprietor of M/s Shivam International, Office at Plot No.61,

Sector-25 (Part-1) HUDA Industrial Area, Panipat.

Through Counsel, Mr. Sukesh Kumar Jindal, Advocate

CORAM:    S.C. Kaushik, Member.

Present:-    Mr. Satpal Dhamija, counsel for the appellant.

                   Mr. Sukesh Kumar Jindal, counsel for respondent.

                                                O R D E R

PER: S.C. KAUSHIK, MEMBER:

                   As per order dated 04.03.2022 contained in letter No.594, I am conducting these proceedings singly.

2.                Learned counsel for appellant has suffered a statement that the present appeal has become in-fructuous as the appeal was filed against the order dated 28.01.2020 in C.C. No.235 of 2018 and in compliance of the same, the appellant/company has repudiated the claim vide letter dated 13.04.2021 and moreover the respondent/complainant has filed a fresh complaint C.C. No.264 of 2020 titled as Sunil Kumar Vs. United India Insurance on the same cause of action. Accordingly, he may be permitted to withdraw the present appeal being in-fructuous. His statement in this regard recorded separately.

3.                In pursuance of the statement suffered by learned counsel for the appellant, present appeal stands dismissed as withdrawn being in-fructuous.

4.                A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. This order be also uploaded forthwith on the website of the Commission for the perusal of the parties.

5.                Application(s), pending, if any, stand disposed off accordingly in terms of this order.

6.                Statutory amount of Rs.25,000/- (Rs. Twenty Five thousand only) deposited at the time of filing of present appeal be refunded to the appellant against proper receipt, identification and as per rules.

7.                File be consigned to record room alongwith a copy of this order.

Pronounced on 14^th February, 2023

R.K.                            

S.C.Kaushik               Member

Addl. Bench