NCDRC

NCDRC

FA/742/2022

SHARDA WAREHOUSE - Complainant(s)

Versus

UNITED INDIA INSURANCE COMPANY LTD & 2 ORS. - Opp.Party(s)

MR. RITESH KHARE & MR. AKHILESH

01 Aug 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 742 OF 2022
(Against the Order dated 22/07/2022 in Complaint No. 41/2012 of the State Commission Madhya Pradesh)
1. SHARDA WAREHOUSE
PROPRIETOR-SHRI OM PATIDAR GRAM-TAJPUR, MAXI ROAD, DIST-UJJAIN, MADHYA PRADESH
...........Appellant(s)
Versus 
1. UNITED INDIA INSURANCE COMPANY LTD & 2 ORS.
BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED DIVISIONAL OFFICE-DEODA BHAWAN 81, DEWAS ROAD UJJAIN, M.P
2. THE MANAGER, ICICI BANK
FREEGANJ, UJJAIN (M.P)
3. MAHAKAL AGRO INPUTS
UJJAIN (MADHYA PRADESH)
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE RAM SURAT RAM MAURYA,PRESIDING MEMBER

FOR THE APPELLANT :
MS. NAMRATA CHANDORKAR, ADVOCATE

Dated : 01 August 2023
ORDER

The office has submitted report that the appeal has been filed with a delay of 23 days.  Appellant has filed IA/9358/2022 for condonation of delay and explained the delay in filing the appeal.  Cause shown is sufficient.  IA/9358/2022 is allowed.  Delay in filing the appeal is condoned. 

Heard counsel for the appellant. 

Above appeal has been filed against the order of the Madhya Pradesh State Consumer Disputes Redressal Commission dated 22.07.2022 dismissing complaint case no. 41 of 2012 in default. 

It has been stated that during Covid period, case was listed on 21.04.2022 after 11.11.2019.  Therefore, no one could appear before the State Commission and could not notice the next date of hearing and as such, nobody appeared on 22.07.2022 also.  Cause shown is sufficient. 

ORDER

          In the result, appeal is allowed.  Order dated 22.07.2022 dismissing CC/41/2012 is set aside.  CC/41/2012 is restored to its original number.  The appellant shall appear before the State Commission along with certified copy of this judgment on 21.08.2023.  Thereafter, the State Commission shall fix a date according to its own convenience and decide the matter on merit in accordance with law. 

 
..................................................J
RAM SURAT RAM MAURYA
PRESIDING MEMBER

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