Haryana

StateCommission

RP/01/2017

Bajaj Allianz General Insurance Company Limited - Complainant(s)

Versus

Dilbag - Opp.Party(s)

19 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.    01 of 2017

Date of Institution:       06.01.2017

Date of Decision:         19.01.2017

 

 

Bajaj Allianz General Insurance Company Limited, GE Plaza, Airport Road, Yearwada, Pune, having Branch Office at SCO 150-159, 2^nd Floor Sector 9-C, Chandigarh through authorized signatory Sarpreet Kaur Ahluwalia, Assistant Manager Legal.

…….Petitioner-Opposite Party

 

Versus

 

Dilbag S/o Amar Singh R/o Village Malar, Tehsil Safidon, District Jind.

                   ……Respondent-Complainant

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. Sachin Ohri, counsel for the petitioner.

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

 The instant revision petition has been filed by Bajaj Allianz General Insurance Company Limited-opposite party against the orders dated October 28^th, 2016 and November 25^th, 2016 passed by District Consumer Disputes Redressal Forum, Jind (for short ‘District Forum’) whereby the petitioner was proceeded ex parte and it’s application for setting aside ex parte order was dismissed respectively. 

2.      Learned counsel for the petitioner has urged that the petitioner received the summons on 01^st November, 2016, that is, after the date fixed before the District Forum due to which petitioner could not appear and was proceeded ex parte. He further urged that an opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is February 03^rd, 2017.

3.      Be that as it may and without delving deeper, this Commission is of the opinion that ends of justice would be met if the impugned orders are set aside and opportunity is granted to the petitioner to file written version and contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the impugned orders dated October 28^th, 2016 and November 25^th, 2016 are set aside subject to the conditional cost of Rs.3,000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      This revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  In this regard, 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.

6.      The petitioner is directed to appear before the District Forum, on February 03^rd, 2017, the date already fixed.

7.      Copy of this order be sent to the District Forum.  

 

         

Announced 19.01.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

  (D.R.)