B.C.GUPTA, S.M.KANTIKAR
Kotak Mahindra Old Mutual Life Insurance Ltd. – Appellant
Versus
Babu Lal Aggarwal – Respondent
Dr. B.C. Gupta, Presiding Member—This first appeal has been filed under section 19 read with section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 11.07.2016, passed by the Delhi State Consumer Disputes Redressal Commission (hereinafter referred to as ‘the State Commission’) in Consumer Complaint No. C-545/15, filed by the present respondents/complainants. The said order reads as follows:-
“None for both the OPs. None appeared for them even on the last date despite service by RAD. The OPs are proceeded exparte. Complainant to file their evidence by affidavit within 8 weeks.
List on 23.12.16.”
2. Notice of the appeal was sent to the respondents, who appeared and contested the case.
3. During hearing, the learned counsel for the appellant/OP stated that notice of the consumer complaint sent by the State Commission had been duly received in their office on 05.02.2016 at 4:55 PM. However, due to inadvertent mistake on the part of some official in their office, who received the notice, the papers received were sent to the complainant only, on the same day and an entry to that effect was made in their record, a copy of which had been placed on
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