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MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI
S.M. SHEMBOLE, UMA BORA, K.B. GAWALI, JJ.
Sumit – Appellant
Versus
Bajaj Allianz General Insurance Co. Ltd. and Another – Respondents
First Appeal No. 13/100
Decided On : 23-07-2013

Dismissal of appeal for default due to absence of appellant and failure to produce required documents.

Headnote:

Dismissal - Default - The court dismissed the appeal for default as the appellant and his counsel were absent, and no report about the service of notice was received. The appellant also failed to produce copies of complaint, written version, and other documents. The District Consumer Forum's dismissal of the complaint was upheld.

Fact of the Case:

The appellant and his counsel were absent, and no report about the service of notice was received. The appellant failed to produce required documents.

Finding of the Court:

The court found that the appeal deserved to be dismissed for default and upheld the District Consumer Forum's dismissal of the complaint.

Issues: Absent appellant and counsel, failure to produce required documents, dismissal of the complaint by District Consumer Forum.

Ratio Decidendi: The court dismissed the appeal for default due to the absence of the appellant and his counsel, and failure to produce required documents. The District Consumer Forum's decision was upheld.

Final Decision: The appeal was dismissed for default, and the District Consumer Forum's decision to dismiss the complaint was upheld. No order as to cost.

ORDER :

1. Mr. Sumit Joshi as well as his counsel Mr. Sunil Thite and Mr. M.S. Pawar are absent. None for respondents is present. On 11.6.2013 notice before admission was issued to the respondents. But till today no report about service of notice is received. The record reflects appellant as well as his counsel are absent since after filing appeal, though the matter was adjourned for thrice, on last date it was adjourned by way of last chance. Today also nobody for the appellant is present. Moreover record reflects that the appellant has not produced copies of complaint, written version and other documents. Therefore appeal deserves to be dismissed for default.

2. We have perused the copy of impugned judgment and order and we find that District Consumer Forum has rightly dismissed the complaint. Hence on any count the appeal deserves to be dismissed and hereby dismissed. No order as to cost.

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