PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner/OP against the order dated 24.11.2011 passed by the Gujarat State Consumer Disputes Redressal Commission, Ahmedabad (in short, he State Commission in Appeal No. 202 of 2010 Sahara India Vs. Ashok kumar Ranchand Gunani & Ors. by which, while allowing appeal partly, order of District Forum allowing complaint was confirmed, but words nsurance Policy and ond mentioned in the order of District Forum were substituted by the word nsurance Orderand ank Order respectively. 2. Brief facts of the case are that Sangitaben obtained insurance policy from OP-Petitioner on 31.7.1998 for Rs.10,000/- for a period of 10 years and deceased Sangitaben nominated each of the complainants/respondents as a nominee in the ratio of 25% each. On 12.10.2007, Sangitaben died. Complainant No. 1 was paid Rs.10,000/- as death maturity, but Death Health Facility Benefit was not granted. Alleging deficiency on the part of OP/petitioner, complainant filed complaint before District forum. OP was proceeded ex-parte and learned District Forum vide order dated 6.1.2010 allowed complaint and directed OP to make payment of Rs.12,00,000/-. Appeal filed by the petitioner was dismissed by State Commission vide impugned order against which, this revision petition has been filed. 3. Heard learned Counsel for the parties and perused original record of District Forum. 4. Learned Counsel for the petitioner submitted that notice for appearance on 2.12.2009 before District Forum was issued on 9.12.2009 and on account of non-appearance of petitioner, petitioner was proceeded ex-parte on 22.12.2009 and ex-parte order was passed on 6.1.2013 without taking any evidence and learned State Commission committed error in dismissing appeal; hence, revision petition be allowed and impugned order of District Forum be set aside. Learned Counsel for the respondent admitted that as per record, by notice dated 9.12.2009, petitioner was asked to appear on 2.12.2009 before District Forum and apparently, District Forum committed error in allowing complaint ex-parte; hence, revision petition be allowed and matter may be remanded back to the District Forum for disposal in accordance with law. 5. Perusal of record of District Forum clearly reveals that notice for appearance of petitioner on 2.12.2009 has been issued by District Forum on 9.12.2009. Learned Counsel for the respondent submitted that by inadvertence 9.12.2009 has been mentioned whereas apparently notice was issued on 9.11.2009. This contention cannot be accepted because the date 9.12.2009 has been mentioned on the notice at two places, on the top as well as at bottom. Thus, it becomes clear that notice for appearance on 2.12.2009 has been issued on 9.12.2009 and ex-parte order has been passed against the petitioner on 22.12.2009, which could not have been passed by learned District Forum without service of proper notice for 2.12.2009. Further, it also reveals that District Forum allowed complaint even without recording any evidence of the complainant. Thus, it becomes clear that District Forum committed error in allowing complaint ex-parte. Learned State Commission further committed error in dismissing appeal by impugned order without considering aforesaid contention of the petitioner made in the memo of appeal before State Commission and in such circumstances, impugned order is liable to set aside. Learned Counsel for the respondent also admitted this mistake on the part of District Forum and State Commission and prayed that after setting aside impugned order, matter may be remanded back to learned District Forum for deciding the matter after giving opportunity of being heard to both the parties. 6. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 24.11.2011 passed by learned State Commission in Appeal No. 202 of 2010 - Sahara India Vs. Ashok Kumar Ranchand Gunani & Ors. is set aside and order of District Forum dated 6.1.2010 is set aside. District Forum is directed to decide the matter afresh after giving opportunity of being heard to petitioner/OP. 7. Parties are directed to appear before District Forum, Ahmedabad City, Gujarat on 9.9.2013.