Delhi

StateCommission

RP/274/2016

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. - Complainant(s)

Versus

DEEPAK KUMAR - Opp.Party(s)

SUNANDA NIMISHA

03 Mar 2017

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Date of Decision: 03.03.2017

 

 

Revision Petition No.274/2016

(Arising out of the order dated 11.04.2016 passed in Complaint Case No.368/2015 by the District Consumer Redressal Forum-III, New Delhi)

 

 

 

In the matter of:

 

 

Bajaj Allianz General Insurance Co. Ltd.,

Block No.4, DLF Tower – 15, 7^th Floor,

Shivaji Marg, New Delhi -110015.

                       ....Petitioner

 

 

Versus

 

 

Shri Deepak Kumar

S/o Shri Mange Ram,

R/o House NO.S-58, Sector -12,

Gautam Budh Nagar, Noida.

....Respondent

 

 

CORAM

Justice Veena Birbal, President.

Ms. Salma Noor, Member.

 

 

 

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 11.04.2016 passed by the District Forum-III in CC No.368/2015, whereby the petitioner/OP before the Ld. District Forum has been proceeded ex-parte.
2. The aforesaid order reads as under:

 

1.  

Pr.   Sh. Prashant Sehrawat, SPA Holder alongwith the counsel

       None for OP.

 

       Despite service on the first date, reply not filed by OP. Matter is called many times. Today also none appeared on behalf of OP.

 

       OP is proceeded ex-parte.

 

       Put up on 03.10.2016 for ex-parte  evidence of complainant.

 

 

3. After some arguments, the counsel for the respondent/complainant states that for the effective disposal of the case on merit, he has no objection, if subject to costs, the impugned order is set aside and the petitioner/OP is given chance to contest the case on merits.
4. It is stated that written statement of the petitioner/OP is on record. It is stated that the next date before District Forum is 14.03.2017.
5. In view of the reasoning given as well as no objection given by the counsel for the respondent/complainant and for effective disposal of the case on merits, we accept this petition and set aside the order dated 11.04.2016 subject to cost of Rs.7,000/-.
6. The parties are directed to appear before the Ld. District Forum on 14.03.2017, wherein the petitioner/OP shall pay costs to the respondent/complainant. 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-III, New Delhi for information.

           File be consigned to Record Room.

 

 

(Justice Veena Birbal)

President

 

(Salma Noor)​

Member