ORDER : 1. UPON hearing counsel the Court made the following castes: “This appeal filed by insured is directed against the order dated 13th July, 2000 of the National Consumer Disputes Redressal Commission, New Delhi in Original Petition No. 341/1999 dismissing the petition with the observation, we are of the view that this is a fit case for civil suit and is not a fit case for consumer forum. The Original Petition is dismissed. We make it clear that we have not expressed any opinion on the merits of the case.” 2. By order dated 18.9.2000, this Court issued notice to the respondents to show cause why the matter should not be remitted to the National Commission in view of the judgment of the Commission in 1998 CCJ 384, National Insurance Co. Ltd. vs. New Bharat Rice Mills. 3. The question that arose for consideration in the case is whether in the facts and circumstances, it was open to the respondent-insurer to raise a demand for extra premium in respect of lapsed policies. Therein, the Commission held that demand of extra premium in respect of lapsed policies could not be raised. It is our view that the National Commission should have disposed of the case on merit keeping in view its decision in National Insurance Co. Ltd. (Supra) and the case pleaded by the parties before it instead of declining to entertain the petition merely saying that it is a fit case for a civil suit. Therefore, the order summarily dismissing the Original Petition is unsustainable and has to be vacated. Accordingly, the appeal is allowed. The order under challenge is set aside. The case is remitted to the National Commission for disposal on merit and in accordance with law.