IFFKO TOKIO GENERAL INSURANCE CO. LTD. Vs. IQBAL SINGH
PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Iffko Tokio General Insurance Co. Ltd.
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PIARE LAL GARG,PRESIDING MEMBER -
(1.) THIS order will dispose of
thirty eight appeals. The question of law and facts involved in all these
appeals is similar and common. The details of these appeals are as under:
The above said appeals are preferred against the impugned orders dated 31.3.2010, 1.4.2010 of the learned District Consumer Disputes Redressal Forum, Sangrur (in short the District Forum). These appeals are being disposed of with a single order. The facts are taken from First Appeal No.776 of 2010' and the parties would be referred by their status in this appeal.
(2.) THE brief facts of the case are that the complaint was filed by respondent No.1 titled as Iqbal Singh v. IFFCO - TOKIO General Insurance
Company Limited, and also produced evidence in support of his version. On
the other hand, the appellant also filed the reply to the complaint
before the District Forum and produced evidence, documents, affidavits
and terms and conditions of the insurance policy. On 31.3.2010, the case
was fixed for orders. On 31.3.2010, counsel for respondent No.1 prayed
for withdrawal of the complaint due to some technical defects in the
complaint with liberty to file fresh on the same cause of action. His
statement was recorded and his prayer was allowed by the District Forum
with liberty to file fresh one on the same cause of action, if so
desired. The order of the District Forum is reproduced hereunder:
31.3.2010 Present: Shri Sanjeev Goyal, Adv. for CC Shri Varun Gupta, Adv. for OP No.1. Shri Kuldeep Jain, Adv. for OP No.2. Shri Jasvir Singh, Adv. for OP No.3.
At this stage, learned counsel for complainant states at the bar that he withdraws the complaint due to some technical defect in the complaint with liberty to file fresh one on the same cause of action. Statement recorded. At this stage, Mr. Varun Gupta, learned counsel appearing for OP number 1 objects to the withdrawal of the complaint on the ground that the CC has not disclosed the technical defect on the basis of which withdrawal is sought and if it is withdrawn, it will cause serious prejudice to the Ops. We have heard the learned counsel for the parties. Since stringent provisions of CPC are not applicable to the consumer Fora, we allow the prayer of learned counsel for the complainant to withdraw the complaint with liberty to file fresh one on the same cause of action, if so desired. File be consigned to records.
Sd/ - Sd/ - Member President
(3.) HENCE , the appeal.
Against the order of the District Forum, the appellant has filed the present appeal for setting aside the order of the District
Forum and for the acceptance of the appeal.;
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