Date of Decision: 04.08.2014

First Appeal – 569/2014

Royal Sundaram Alliance Insurance Co. Ltd.,

Subramaniam Building, II Floor,

No.1, Club House Road,

Annasalai, Chennai-600 002.

………Appellant

Vs

Amardeep Singh,

S/o Harbansh Singh,

R/o 37/28, Old Rajendra Nagar,

New Delhi-110 060.

                                                ……..Respondent

CORAM

Salma Noor, Presiding Member

NP Kaushik, Member(Judicial)

1.   Whether reporters of local newspaper be allowed to see the judgment? 

2.   To be referred to the reporter or not?

SALMA NOOR, PRESIDING MEMBER

1.     In a complaint case bearing No.132/2014 Amardeep Singh vs Royal Sundaram Alliance Insurance Co. Ltd. filed before District Forum-VI, New Delhi 7.5.2014 was fixed for filing evidence by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte.

2.      That is what brings the Appellant/OP in appeal before this Commission.

3.     We have heard Shri Shoumik Mazumdar, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.

4.      The version of the Appellant/OP for his non-appearance on the date fixed is that on receipt of summons of said complaint, the concerned officer of the appellant inadvertenly and due to bonafide mistake kept the summons in a wrong file therefore the case could not be entrusted to one of its panel advocates to appear, represent and defend the appellant before the District Forum. In support of his contention, Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. Besides that it has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the ex-parte orders dated 7.5.14 in question, subject to payment of costs of Rs.2,000/- which the OP will pay to the complainant on the next date.  The case is remanded back to the District Forum-VI, New Delhi with the direction that they will allow the Appellant/OP to file the evidence and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum-VI, New Delhi on the date fixed.

5.   A copy of this order be sent to District Forum-VI, New Delhi to keep it on complaint file and for compliance.