Haryana

StateCommission

RP/30/2018

FUTURE GENERALI INDIA INSURANCE COMPANY - Complainant(s)

Versus

CHARANJEET KAUR AND OTHERS - Opp.Party(s)

RAJESH K. SHARMA

19 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   30 of 2018

                                                Date of Institution:       13.03.2018

                                                Date of Decision:         19.03.2018

  

Future Generali India Insurance Company Limited, Sector 16 Market, Near Sagar Cinema, Faridabad (Haryana), through authorized officer Ms. Vidula Kaushik, Manager, TP Claims, Future Generali India Insurance Company Limited, 3^rd Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi.

 

….Petitioner-Opposite Party

 

Versus

 

1.      Charanjeet Kaur wife of late Harjeet Singh,

 

2.      Gurender Singh son of late Harjeet Singh,

 

3.      Parvinder Singh son of late Harjeet Singh,

 

All residents of House No.1086, Gandhi Colony, NIT Faridabad.

 

4.      Amarjeet Kaur wife of Shri Sushil Bhatia, resident of House No.1059, Gandhi Colony, NIT Faridabad.

 

….Respondents-Complainants

 

 

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

                   Shri Balbir Singh, Judicial Member.

 

 

Present :    Shri Rajesh Kumar Sharma, counsel for the petitioner.

                  

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          Challenge is to the order dated February 16^th, 2018 passed by District Consumer Disputes Redressal Forum, Faridabad (for short ‘District Forum’), whereby defence of Future Generali India Insurance Company Limited-opposite party (petitioner herein) was struck off for non-filing of written version. 

2.      Learned counsel for the petitioner has urged that impugned order be set-aside and petitioner be granted opportunity to file written version and contest the case on merits. The next date of hearing before the District Forum is March 26^th, 2018.

3.      The object is to expedite the hearing and not to scuttle the same. While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Thus, this revision petition is allowed and the impugned order dated February 16^th, 2018 is set-aside subject to conditional cost of Rs.3000/- to be paid to the complainants on the date fixed before District Forum. Consequently, the petitioner is accorded opportunity to file written version on the date fixed, that is, March 26^th, 2018 before the District Forum.

4.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents 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.      Copy of this order be sent to the District Forum.

 

Announced: 19.03.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.