IN THE STATE COMMISSION

(Constituted under section 9 of the Consumer Protection Act, 1986)

Date of Decision: 01.09.2014

First Appeal No. – 807/2014

Life Insurance Corporation of India,

Through its duly

Constituted attorney,

Manager (Legal & H.P.F.)

Divisional Office,

25, Kasturba Gandhi Marg,

New Delhi                                                                        …….Appellant

Versus

Ambrish Bhargav

R/o F-46,

East of Kailash

New Delhi-110065.                                                           ….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor                    - Member

N P Kaushik                   - Member (Judicial)

Salma Noor, Member

1)        In a complaint case bearing no. 217/2014 Life Insurance Corporation Vs Ambrish Bhargava, filed before District Forum, Delhi at M-Block, Vikas Bhawan, New Delhi 23.05.2014 was fixed for appearance of the OP when the District Forum ordered to proceed ex-parte.

2)        That is what brings the appellant/OP to appear before this Commission for setting aside the said ex-parte order.

3)             We have heard counsel for the appellant in this appeal 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 23.05.2014 in the case before the Forum is that the notice was never served to the appellant corporation, that is why appellant failed to put his appearance on the date fixed and the case was proceeded ex-parte. In support of its version the appellant corporation has filed an affidavit of its Legal Manager. There is no plausible reason to disbelieve or not to rely and act upon this version of the appellant. Besides, it has always been the consistent policy of the courts to allow a little latitude, so that the parties may contest the case on merits, and an effective order may be passed. Hence, Order dt. 23.05.2014 of the District Forum against the appellant/ OP is set aside, subject to payment of costs of Rs. 2000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/ OP to file the WS and evidence and decide the case after hearing both the parties. The appellant is directed to appear through his counsel, before the District Forum, Delhi M-Block, Vikas Bhawan, New Delhi on the date fixed in this case.

5)   Copy of this order be sent to District Forum, Delhi M-Block, Vikas Bhawan, New Delhi for information and to keep it on record and compliance.

(Justice Veena Birbal)

President

(Salma Noor)

Member

(N P Kaushik)

Member Judicial)