Sachin v. ICICI Lombard General Insurance Company Limited

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