Common Man (Employee) 26 December 2012

Op appealing to state comission

My father recently won a case in district consumer court against the TPA (OP1) and insurance company (OP2) for declining the travel insurance claim for the medical treatment while aborad.

OP1 hardly appeared in court (only 3 times) and OP2 never appreared. So, it was Ex-Parte order for OP2. Now after 3 months OP1 and OP2 have appealed in state court.

I now want to stress the point that both OP1 and OP2 ignored the district court hearings of the case. They also waited beyond 30 days period given by district court to settle the claim. Their overall attitude indicates their ignorance to justice and hence their appeal should be disposed off. What do learned members on this forum think?

We did not hire any legal help in district court and as much possible, we want to fight the case on our own.Do the legal experts here think that we should consult a competant lawyer?

Thanks in advance for the responses.

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2 Replies

Guest (Guest) 26 December 2012

How can the legal experts here decide on your behalf if you need legal representation in the State Commission or not? Only you can decide that.

In State and National Consumer Commission, sometimes questions relating to law do arise and a layman can be on a tough wicket handling them. In such situations it is advisable to engage a lawyer. Decide for yourself.

Vipin Kumar Marya (Advocate) 27 December 2012

Dear Common Man,

Mr. Ashis rightly advised you

It is better to hire Lawyer and get the appeal dismissed, as even the award/ order of the C. Forum is ex-party order and OP1 & Op2 stll have the remedy to firsst file application before C Forum for the set aside of order and if CF does'nt give them releif then they have right to approach State Commission in Appeal.