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DINESH SINGH
United India Insurance Co. Ltd. – Appellant
Versus
Sharwasti Agrotech (P) Ltd. – Respondent
ORDER
This appeal has been filed under section 19 of The Consumer Protection Act, 1986 essentially in challenge to the Order dated 04.08.2017 of the State Commission in complaint no. 206 of 2017.
2. Heard the learned counsel for the appellant (i.e. the opposite party before the State Commission) and for the respondent (i.e. the complainant before the State Commission). Also perused the record including inter alia the State Commission’s impugned Order dated 04.08.2017 and the memorandum of appeal.
3. The appeal has been filed with self-admitted delay of 60 days. However, in the interest of justice, and considering the reasons mentioned in the application for condonation of delay, as also in order to decide the matter on merit rather than to dismiss it on the threshold of limitation, the delay in filing the appeal is condoned.
4. The appeal principally impugns an interlocutory order of the State Commission vide which the opposite party was ordered to be proceeded against ex parte. The said Order is reproduced below for reference:—
04.08.2017
Case called out. None responds. Notice was issued to the OP on 16.6.2017 which has not been received back unserved as per the office report.
The court ruled that procedural failures not being deliberate warrants reconsideration and allows opportunities for submissions under specific conditions.
Condonation of delay by imposition of costs justified.
No jurisdictional error, or legal principle ignored, or miscarriage of justice, as may cause to require this Commission to exercise its revisional jurisdiction.
Revisional Jurisdiction - finding of facts recorded by the State Commission in Appeal, cannot be interfered with in exercise of Revisional Jurisdiction unless the said finding has been recorded by mi....
Felt just and conscionable that reasonable and sufficient opportunity be further provided to the Complainant/Appellant for adjudication of complaint on merit in the State Commission
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