CHAMELI DEVI Vs. LIFE INSURANCE CORPORATION OF INDIA
HIMACHAL PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
LIFE INSURANCE CORPORATION OF INDIA
Click here to view full judgement.
ARUN KUMAR GOEL -
(1.) THIS appeal is directed against the order dated 28.1.2008, passed by District Forum, Una. vide impugned order passed Consumer Complaint No. 79/2006 has been dismissed. In the complaint filed by the appellant, she had sought direction to the respondents to settle the claim of her son with interest, and at the same time to direct them to pay her the expenses of the case. This complaint was filed by the appellant through her authorized signatory Sh. Puran Singh Thakur, on the basis of the power of attorney which is at page 8 of the complaint file. It appears that Sh. Puran Singh did not bother to properly prosecute the complaint of the appellant who is an illiterate lady as is evident from the power of attorney executed by her in favour of Sh. Puran Singh. We pained to observe that the authorized signatory of the appellant did not prosecute the complaint properly which resulted in failure of justice, but has also denied a proper hearing of her case as such it is felt that it is necessary, besides being just and proper to set aside the impugned order and thereby remanding the complaint to the District Forum below for disposal of the same after hearing the parties again and then disposing of the complaint, of course without being influenced by its earlier order. So far as we are concerned, we have not expressed any opinion on the merits of the case.
(2.) IN view of the above, this appeal is allowed and as a result of it complaint filed by the appellant is allowed and the impugned order passed by District Forum, Una in Consumer Complaint No. 79/2006 on 28.1.2008 is hereby quashed and set aside. Consequently this complaint is remanded back for disposal afresh after hearing the parties in accordance with law, as well as on the basis of submissions those may be made at the time of hearing before it as also without being influenced by its earlier order. Since record is here parties through their learned Counsel are directed to appear before the District Forum, Una on 29.5.2009. Office will ensure that the record is transmitted well before the date fixed.
(3.) LEARNED Counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.
In case any of the parties fails to appear, District Forum below shall examine the matter itself and then dispose of the same on the basis of the material that is there on the record file.;
Copyright © Regent Computronics Pvt.Ltd.