Haryana

StateCommission

RP/10/2017

NATIONAL INSURANCE CO.LTD. - Complainant(s)

Versus

AMIT KUMAR - Opp.Party(s)

SACHIN MITTAL

14 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   10 of 2017

Date of Institution:       02.02.2017

Date of Decision:         14.02.2017

 

M/s National Insurance Company Limited, having its branch office at SCO-41/43, Sector-31, Gurgaon through Shri N.K. Saini, Advocate (Counsel before the District Forum).

…….Petitioner-Opposite Party

 

Versus

 

Amit Kumar son of Shri Kuldeep, R/o House No.30, Ward No.4, Sohna, Tehsil Sohna, District Gurgaon, Haryana.

 

                   ……Respondent-Complainant

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. Balbir Singh, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.                    

 

Present:     Mr. Sachin Mittal, counsel for the petitioner.

 

O R D E R

 NAWAB SINGH J, (ORAL)

M/s National Insurance Company Limited-opposite party is in revision against the order dated January 03^rd, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside; opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is February 20^th, 2017 for recording the evidence of complainant.

3.      It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned order dated January 03^rd, 2017 is set aside subject to the conditional cost of Rs.3,000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      This revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  In this regard, reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

6.      The petitioner is directed to appear before the District Forum, on February 20^th, 2017, the date already fixed.

7.      Copy of this order be sent to the District Forum. 

 

         

Announced 14.02.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)