MA No.23/2024
(In CC No. 28/2022)
Sachin S/o Sh. Subash, R/o Haripura Mohalla, Jhajjar Vs. ICICI Lombard GIC Ltd.
Present: Ld. Counsel Sh. Sunil Ahlawat for complainant/applicant (in short
complainant.)
By this order, a second restoration application, filed on behalf of complainant,
on 20.11.2024, has to be decided. As per record, first such restoration application was
decided vide order dated 22.08.2024. Fresh arguments on this application heard today and
case file perused for this purpose. As per record, the main complaint case i.e. 28/2022, qua
this matter, was fixed for complainant evidence (C/E) for first time on 15.09.2022. However,
no C/E was produced on 15.09.2022 and then next date given for C/E was 08.12.2022. From
08.12.2022 onwards till 07.07.2023, several other opportunities were given for C/E but
despite that no C/E was produced and hence, complaint case No. 28/2022 was dismissed for
non-prosecution vide order dated 07.07.2023. Then first such restoration application was
filed which was also dismissed, being devoid of any merits vide order dated 22.08.2024. Ld.
Counsel for complainant again file this second restoration application. In our considered
opinion, there is no justification for allowing this second restoration application. Hence, it is
also dismissed being devoid of any merits. No order as to costs. Complainant side asked not
to file such unnecessary application(s) in future. However, the complainant is at liberty to file
a fresh complaint, on the same facts, if so advised, subject to law of limitation. A lenient
view shall be taken qua limitation period, on filing of such fresh complaint, if any. Hence
this application decided in view of this order. Let copy of the order be given to the parties
concerned, free of costs, as per rules. The order be uploaded for thwith on websi te of
this Commission for perusal of the par t ies. Let this miscel laneous f ile,
alongwith main complaint case, be consigned to record room, as per rules.
(Veena Rani) (Shri Niwas Khundia) (Dr. Shahabuddin Khan)
Member Member President
DCDRC, Jhajjar
18.07.2025