- 13 Dec, 2023
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GALAXY PRESS PRIVATE LIMITED v. NEW INDIAASSURANCE COMPANY LIMITED
Galaxy press pvt. ltd. v. New indiaassurance company ltd.
Galaxy press pvt. ltd.
…Appellant
Vs.
New indiaassurance company ltd.
…Respondent
First appeal no. – 420 OF 2023
Date of Judgement- 01.12.2023
Judges– Mr. Subhash Chandra, Presiding Member
For Appellant-
For Respondent- Mr. Parveen Kumar Mehdiratta, Advocate
Facts:
- This is a first appeal (No. 420 of 2023) filed by Galaxy Press Private Limited against the order dated 06/02/2023 passed in Complaint No. 411/2018 by the State Commission Uttar Pradesh.
- The original complaint was filed by Galaxy Press against New India Assurance Co. Ltd regarding an insurance claim.
- The State Commission had passed an order against Galaxy Press. Dissatisfied with the order, Galaxy Press has filed this first appeal.
Court’s Opinions
- On 01 December 2023, the appeal was listed for hearing before the National Consumer Disputes Redressal Commission.
- None appeared for the appellant Galaxy Press despite they being represented by a proxy counsel on the last date of hearing.
- The Commission had earlier directed Galaxy Press to file the surveyor’s report on the basis of which the insurance claim was settled within 2 weeks, but Galaxy Press failed to do so.
- The Commission observed that it appears the appellant Galaxy Press has lost interest in the matter.
Order
- The appeal filed by Galaxy Press Private Limited was dismissed for non-prosecution due to their failure to appear and file the surveyor’s report despite time being granted.
Case laws referred-
No specific sections or laws have been referred to in the order. It pertains to appeal proceedings under consumer protection law.
Download Court Copy- https://dreamlaw.in/wp-content/uploads/2023/12/task1nitishu.pdf
Full text of Judgement-
It is seen that the Appellant has been represented by a proxy counsel on the last date of hearing and despite direction vide order dated 03.07.2023 to file the Surveyor’s report, on the basis of which the insurance claim was settled, within two weeks, it has failed to do so. It appears that the Appellant has lost interest in the matter.
The Appeal is dismissed for non-prosecution.
—END—
