Haryana

StateCommission

RP/134/2018

BIRLA SUN LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

ANITA DAHIYA - Opp.Party(s)

S.C.THATAI

22 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.   134 of 2018

Date of Institution:       17.10.2018

Date of Decision:         22.10.2018

 

 

Aditya Birla Sun Life Insurance Company Limited, through its Branch Manager, Sector 47, ILD Tower, Sohna Road, Gurgaon (Haryana), through Ms. Aakriti Manocha, Manager (Legal).

 

…….Petitioner-Opposite Party

 

Versus

 

Anita Dahiya wife of Dr. Jagbir Singh Dahiya, aged about 56 years, resident of House No.140, Sector 31, Gurgaon (Haryana).

 

 

                   ……Respondent-Complainant

 

 

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

                   Mrs. Manjula, Member.

 

 

Present:     Shri S.C. Thatai, counsel for the petitioner.

 

 

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

By filing this revision petition, Aditya Birla Sun Life Insurance Company Limited-opposite party (Insurance Company) has challenged the order dated September 28^th, 2018 passed by District Consumer Disputes Redressal Forum, Gurgaon (District Forum), whereby the Insurance Company was proceeded ex parte. 

2.      Learned counsel for the Insurance Company has urged that the summons were never received by the Insurance Company nor any report to this effect is on record.

3.      He has further urged that the impugned order be set aside; opportunity be granted to the Insurance Company to file written version and contest the complaint. The next date of hearing before the District Forum is October 29^th, 2018.

4.      It is always better to decide the matter on merits. Ends of justice would be met if an opportunity is granted to the Insurance Company to file written version and contest the complaint.   Accordingly, this revision petition is accepted and the impugned order is set aside. The Insurance Company is accorded opportunity to file written version and join the proceedings.    

5.      This revision petition is disposed of without issuing notice to the respondent-complainant 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.  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.

5.      The Insurance Company is directed to appear before the District Forum, on October 29^th, 2018, the date already fixed.

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

         

Announced 22.10.2018

(Manjula) Member

(Nawab Singh) President

  (D.R.)