Rajasthan

StateCommission

A/305/2022

Khalil Faruki - Complainant(s)

Versus

Bhartiya Jeevan Bima Nigam - Opp.Party(s)

Meena Sharma

23 Aug 2022

ORDER

BEFORE THE RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION,JAIPUR

 

FIRST APPEAL NO: 305/2022

 

Khalil Pharukhi s/o Late Sh. Laiak Pharukhi r/o House No. 1011, Pharukhi House, Nataniyon ka Rasta, Chaura Rasta, Jaipur.

Vs.

Life Insurance Corporation of India Jaipur Division Second, Transport Nagar, Jaipur & ors.

 

 

Date of Order 23.8.2022

Before:

Hon'ble Mr. Atul Kumar Chatterjee- Acting President

Hon'ble Mr. Ramphool Gurjar- Member

 

Present:

Mrs. Meena Sharma learned counsel for the appellant

 

BY THE STATE COMMISSION ( PER HON'BLE MR.ATUL KUMAR CHATTERJEE, ACTING PRESIDENT )

 

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This appeal has been filed by the appellant/ complainant against the order of learned District Consumer Commission, Jaipur 1^st Jaipur dated 25.2.2022 whereby the complaint filed by the appellant/complainant has been dismissed in default.

 

Today, the matter is fixed for arguments on admission. Heard the learned counsel for the appellant/complainant on admission and perused the impugned order.

 

Having regard to the fact that the impugned order has been passed in the absence of appellant/complainant saying that the appellant/complainant was not present in the earlier dates viz 6.4.2021, 17.9.2021 and was not present on the date 25.2.2022 itself therefore, the matter has been dismissed in default. In our view this matter deserves to be admitted and disposed of at this stage itself.

 

In our humble view natural justice demands that the matter be disposed of on merits. Accordingly to the complainant must be given due opportunity of substantiating his own case by appropriate evidence. So far as the opposite

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party is concerned it is apparent that the learned counsel for the opposite party was present on that date, in such situation it would be desirable and justified that reasonable costs be provided to the opposite party.

 

On the basis of above discussions, we deem it proper to allow this appeal and quash the impugned order dated 25.2.2022 and direct the learned DCC Jaipur 1^st Jaipur to restore the case and dispose of the complaint on merits after calling the opposite party. It is further ordered that the appellant/complainant shall pay Rs. 2500/- as costs to the opposite party.

 

The appellant/complainant is directed to remain present before the learned DCC Jaipur 1^st Jaipur on 6.9.2022. The learned DCC shall call the opposite party and get the costs received and proceed with the complaint and decide it on merits.

 

The appeal stands disposed of as above.

 

(Ramphool Gurjar) (A.K.Chatterjee)

Member Acting President

 

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