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STATE CONSUMER DISPUTES REDRESSAL COMMISSION
JUSTICE GAUTAM CHOURDIYA, PRESIDENT, SHRI PRAMOD KUMAR VARMA, MEMBER
Smt. Gayatri Devi Sharda – Appellant
Versus
The Oriental Insurance Company Limited – Respondent
| Table of Content |
|---|
| 1. petition for impleadment filed post complainant's death. (Para 1 , 2 , 3) |
| 2. arguments regarding complaint dismissal based on procedural grounds. (Para 4 , 5 , 6) |
| 3. court's emphasis on necessity of parties for effective adjudication. (Para 7 , 8 , 9 , 10) |
| 4. court's decision to prioritize justice over procedural technicality. (Para 11) |
| 5. final order allowing the appeal and directing add of legal representative. (Para 12) |
ORDER
PER: - JUSTICE GAUTAM CHOURDIYA, PRESIDENT
This appeal is filed under section 41 of the Consumer Protection Act 2019 (hereinafter referred to as “the Act” for short) against order dated 19.12.2024 passed by District Consumer Disputes Redressal Commission, Raipur (C.G.) (hereinafter called “District Commission” for short) in complaint case No.CC/374/14, whereby I.A. No. 04, an application filed under Rule 10 of C.P.C praying to implead the legal representative of the deceased complainant as a party to the case was rejected and as a result since the complainant is dead and his legal representative is not impleaded in the complaint, the same was dismissed holding that it has no sustainability.
2. Final arguments heard. Record perused.
3. The challe
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