Delhi

StateCommission

RP/83/2019

RELIANCE NIPPON LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

BHARAT KUMAR SHARMA - Opp.Party(s)

RAHUL LAL AKHRIYA

03 Feb 2020

ORDER

IN THE STATE COMMISSION : DELHI

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

 

Revision Petition No. 83 /2019

(Arising out of the order dated 05.07.2019 passed in Complaint Case No.527/2018 by the District Consumer Disputes Redressal Forum-III, Janakpuri, New Delhi)

 

 

Reliance Nippon Life Insurance Co. Ltd.                                  … Petitioner

 

 

Versus

Bharat Kumar Sharma                                                            … Respondent

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner :	Mr. Rahul Lal Akhriya, Counsel for Petitioner.
For the Respondent	Respondent in person.

 

Dated: 04^rd  February, 2020

ORDER

Ms. Salma Noor, Presiding Member

 

                 By way of this revision petition prayer is made for recalling of the order dated 05.07.2019 passed by the Consumer Disputes Redressal Forum-III, Delhi in CC No. 527/2018 by which the petitioner herein i.e. OP before District Forum has been proceeded ex-parte. Alongwith petition there is an application seeking condonation of 13 days delay in filing the preset petition.     It is stated that counsel for petitioner/OP could not appear before the District Forum on the date when the order was passed as he lost his court dairy and did not appear date fixed in the matter. It is stated by the counsel for petitioner/OP that he came to know about the status of the matter on 17.08.2019 when he inspected the court file. Thereafter the counsel applied for certify copy of the order on 19.08.2019 which was delivered on 12.09.2019. It is stated that immediately thereafter he started the process for filing the present petition, which was filed on 08.11.2019, hence there is delay of 13 days.

                 After some arguments, the respondent who is present in person states that he has no objection if the delay is condoned subject to costs and the revision petition is allowed also subject to costs.

                 Averments made in the application are supported with the affidavit of Senior Territory Manager of petitioner/OP.  I find no reason to disbelieve the same, accordingly, the delay in filing the appeal stands condoned subject to payment of cost of Rs. 2,000/- to respondent/complainant.

                 With the consent of the parties arguments on the revision petition heard.

                 In view of the above statement of the respondent/complainant and also keeping in mind the interest of justice as well as for effective disposal of the case on merits, I accept the present revision petition, set aside the impugned order subject to payment of costs of Rs. 5,000/- to the respondent/complainant.

                 Parties are directed to appear before the District Forum on 03.03.2020. On the said date the petitioner/OP shall pay costs of Rs. 7,000/-  (i.e. Rs. 2,000/- for condonation of delay and Rs. 5,000/- for setting aside ex-parte order) to the respondent/complainant. The petitioner/OP shall also file its written statement on the said date. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 File be consigned  to Record Room.

 

 

 (Salma Noor)

Presiding Member

Tri