Assam

StateCommission

A/27/2015

Shri Mahendra Nath Kalita - Complainant(s)

Versus

The Divisional Manager, New India Assurance Co. Ltd., Auto Tie-up Divisional Office - Opp.Party(s)

Mr. P. P. Dutta

27 May 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
First Appeal No. A/27/2015
( Date of Filing : 18 Aug 2015 )
(Arisen out of Order Dated in Case No. of District )
 
1. Shri Mahendra Nath Kalita
S/o Late Rati Kanta Kalita,R/o Vill-Bezpar, P.O.-Madaibari,P.S.-Mangaldai, Dist.-Darrang, Assam
...........Appellant(s)
Versus
1. The Divisional Manager, New India Assurance Co. Ltd., Auto Tie-up Divisional Office
G. S. Road, Ulubari, Guwahati-781007,Dist.-Kamrup, Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MR. Sushil Kumar Sarma MEMBER
 HON'BLE MR. Sisir Kr Baruah MEMBER
 
PRESENT:
 Mr. K. K. Bhatta, Advocate for the Respondent 0
Dated : 27 May 2022
Final Order / Judgement

 

                        On call none entered appearance on behalf of the parties to this appeal. On 4-3-2022, Mr. A. Baruah, learned counsel, appearing on behalf of the appellant submitted that the appellant had died but he lost contact with the legal heirs of the deceased appellant and sought time in order to take appropriate steps. On the other hand Mr. K.K. Bhatta, learned counsel, also appeared on behalf of the respondent insurance company.

                        As the appellant had died and there being no substitution as of now, the appeal has abated. Accordingly, this appeal stands dismissed on abatment. However, opportunity is granted to the legal heirs of the deceased appellant to file appropriate application, if so advised for restoring the same, if the cause of action survives for suing the respondent.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MR. Sushil Kumar Sarma]
MEMBER
 
 
[HON'BLE MR. Sisir Kr Baruah]
MEMBER
 

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