AMAR BHUSHAN PRAKASH Vs. CHAIRMAN, BAJAJ ALLAINZ LIFE INSURANCE COMPANY LTD & 3 ORS ; REGIONAL OFFICE; MANAGER, MEDICARE TPA, SERVICES(I) PVT LTD ; T A M PANKAJ KUMAR

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 01-02-2016, passed by the Bihar State Consumer Disputes Redressal Commission, Patna (hereinafter referred as the State Commission) in First Appeal No.214 of 2013, vide which, the State Commission dismissed the appeal against the order dated 20-05-2013, passed by the District Forum, Samastipur in Misc. Case (Restoration) No.49 of 2012, by which, the District Forum had dismissed the restoration petition.

(2.) The facts of the case are that Consumer Complaint No.39 of 2009 was filed by the petitioner/complainant before the District Forum, Samastipur against the respondent/OP, Bajaj Allianz Life Insurance Company Ltd., seeking payment of medical expenses in terms of a mediclaim policy taken by him. The said complaint was dismissed in default vide order dated 27-07-2012 of the District Forum, in which it is recorded that the complainant had been absenting from the proceedings regularly, whereas the learned counsel for the OP insurance company was present. The complaint was dismissed for lack of 'pairvi' on the part of the complainant.

(3.) The complainant filed miscellaneous application No.49 of 2012, seeking restoration of his consumer complaint before the District Forum. However, the said restoration application was dismissed by the District Forum vide order dated 20-05-2013. Being aggrieved against the order of the District Forum, the complainant challenged the same by way of Appeal No.214 of 2013 before the State Commission. Vide impugned order, the State Commission found that the restoration case had been rightly dismissed by the District Forum, as it was not maintainable before them in the light of the judgment of the Hon'ble Supreme Court in Rajeev Hitendra Pathak & Ors. Vs. Achyut Kashinath Karkar & Anr., 2011 9 SCC 541. Being aggrieved against the order of the State Commission, the petitioner/complainant is before us by way of the present revision petition.