Learned counsel for the respondent has tendered his Vakalatnama, which is taken on record.

2. This appeal has been filed after the expiry of period of limitation with a delay of 30 days. The appellant has, therefore, moved an application for condonation of delay. Heard. In view of the reason given in the application delay is condoned.

3. This appeal is directed against the order of the State Commission, Rajasthan dated 9.10.2017 closing the right of the opposite party to file written statement. Relevant order is reproduced as under:-

“Advocate for the complainant Sh. Aditya Mridula and advocate for opposite party Sh. Prasant Mantri present.

Advocate for opposite party could not file reply despite of extension of time upto 45 days.

Therefore, the opportunity of filing the reply by the opposite party is closed.

The complainant is directed to file their evidence and documents on 5.1.2018.”

4. Facts relevant for the disposal of the appeal are that the complainant filed the consumer complaint against the appellant insurance company alleging deficiency in service. Notice of the complaint issued under Section13 of the Consumer Protection Act, 1986 was served on the opposite party/ap