Delhi

StateCommission

RP/249/2016

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

Versus

APARNA SINGH - Opp.Party(s)

DEEPAK SABHARWAL

09 Feb 2017

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 09.02.2017

 

 

Revision Petition No.249/2016

(Arising out of the order dated 14.04.2016 passed in Complaint Case No.237/2015 by the District Consumer Redressal Forum-VI, New Delhi)

 

 

In the matter of:

 

Birla Sun Life Insurance Co. Ltd.,

1, Indiabulls Centre, Tower-1, 16^th FGloor,

Jupiter Mill Compound,

841, Senapati Bapat Marg, Elphinstone Road,

Mumbai – 400013.

 

ALSO AT:

 

6^th Floor, Aggarwal Corporate Tower,

Rajendra Place, New Delhi -110008.

                       ....Petitioner

 

Versus

 

Ms. Aparna Singh,

W/o Shri Arvind Kumar Singh,

B-253/254, 3^rd Floor,

Gandhi Vihar(near Mukharji Nagar,

Delhi -110009

....Respondent

 

CORAM

Justice Veena Birbal, President.

Ms. Salma Noor.

 

 

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

 

2. To be referred to the reporter or not?

Justice Veena Birbal, President

 

 

1. This is a revision petition wherein prayer is made for setting aside the order dated 14.04.2016 passed by the District Forum-VI in CC No.237/2015, whereby the petitioner/OP has been proceeded ex-parte.
2. The aforesaid order reads as under:

           “14.04.2016

Present:   Counsel for complainant.

 

       None for OP I & II, despite several calls till 2.25 PM.

       PO 1 & II proceed ex-parte.

       Issue notice to OP III & IV by Regd. Post on 11.08.2016.”

 

3. Counsel for the petitioner/OP submits that he represents OP No.1 and 2.  It is stated that OP No.3 and 4 in the complaint case who are not made party in the present petition are yet to be served before the Ld. District Forum. It is stated that upon receiving the notice, the Counsel for petitioner had put in appearance before Ld. District Forum on 11.8.16 and filed vakalatnama where he was informed that since petitioner/ OP NO.1 had earlier been served and no one appeared on behalf of the petitioner/OP No.1, it was proceeded ex-parte on 14.04.2016.  It is stated that the petitioner/OP No.1 and 2 had no knowledge of earlier proceedings and were not served.
4. Counsel for the respondent initially opposed the petition stating that they are deliberately not appearing before the District Forum. However, after some arguments, the counsel for the respondent/complainant states that he has no objection if the impugned order is set aside subject to costs.
5. With the consent of respondent/complainant, we accept this petition and set aside the order dated 14.04.2016 subject to payment of cost of Rs.10,000/-. It is stated that the matter is now listed on 10.03.2017 before the Ld. District Forum.
6. The parties are directed to appear before the Ld. District Forum on 10.03.2017, when the petitioner/OP shall pay costs to the respondent/complainant and shall also file its written statement, thereafter the District Forum shall proceed further in the matter in accordance with law.
7. The petition stands disposed of accordingly.
8. Copy of this order be given to the parties and be also sent to the District Forum-VI, New Delhi for information.

           File be consigned to Record Room.

 

 

(Justice Veena Birbal)

​President

 

 

 

(Salma Noor)

Member