O r d e r

1. Present appeal has been filed on behalf appellant/complainant for setting aside the order dated 14.06.2023 passed by District Consumer Commission, Patna in Complaint Case no. 225 of 2011 whereby and whereunder the complaint case has been dismissed for non-prosecution. The impugned order further states that complaint case is dismissed without adjudication.
2. Complainant had filed complaint case for payment of insured amount under Group Janta Personal Accident Insurance Policy of the National Insurance Company as he suffered 80% disability in an accident in which his left hand was amputated. The complainant in his complaint petition had enclosed all the relevant documents and pleading on his behalf was complete. Notices were issued to National Insurance Company and they appeared and filed Vakalatnama but thereafter, did not filed any written statement and also left doing pairvi in the case.
3. Section 38 (3)(c) of the Consumer Protection Act, 2019 stipulates that even if, complainant fails to appear on the date of hearing the complaint case is to be decided on merit on the basis of materials available on record.
4. In said view of the matter the complaint case after notice and appearance of opposite party can not be dismissed for non-prosecution even in absence of complainant and is to be decided on the basis of materials available on record.
5. In said view of the matter the impugned order dated 14.06.2023 is set aside and complaint case no. 225 of 2011 is restored and the matter is remanded to the District Consumer Disputes Redressal Commission, Patna to decide the complaint case in terms of procedure as prescribe under section 38 of the Consumer Protection Act, 2019.
6. With aforesaid observation and direction the appeal is disposed of.

(Ram Prawesh Das)                                                                                                                           (Sanjay Kumar,J)

       Member                                                                                                                                            President

Md. Fariduzzama