Haryana

StateCommission

A/1595/2017

ANGURI DEVI - Complainant(s)

Versus

EXIDE LIFE INSURANCE COMPANY LT.D - Opp.Party(s)

RAJVIR SINGH SIHAG

12 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    1595 of 2017

Date of Institution:  22.12.2017

Date of Decision:    12.10.2018

 

Anguri Devi wife of late Jagdish son of Chaman Lal, resident of Village Dolatpur, Tehsil and District Hisar.

Appellant-Complainant.

 

Versus

 

1.      Exide Life Insurance Company Limited, 3^rd Floor, J.P. Technopark No.3/1 Millers Road Bengalluru-560001, through its Director/Authorized Person.

 

2.      Exide Life Insurance Company Limited, Hisar Red-Square Market Hisar, through its Branch Manager.

 

 

Respondents-Opposite Parties

 

 

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

                   Mrs. Manjula, Member.

                         

 

Present:     Shri R.S. Sihag, counsel for the appellant.

                   Shri Yugansh Siwach, counsel for the respondents.

 

                                      

O R D E R

 

 NAWAB SINGH, J. (ORAL)

 

This complainant’s appeal is directed against the order dated November 03^rd, 2017 passed by District Consumer Disputes Redressal Forum, Hisar (District Forum), whereby complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that counsel appearing on behalf of the appellant before the District Forum was appointed as District Manager, Haryana State Agriculture and Rural Development. He had authorized his colleague to pursue the matter, who could not appear on the date fixed and the case was dismissed in default. He has further urged that the impugned order be set aside and complaint be restored at its original number.

3.      Justice is the goal of jurisprudence.  It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a Will not to pursue the complaint, dismissal in default shall not subserve the cause of justice. No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of District Forum for adjudication.

5.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

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

 

  

October 12th, 2018

(Manjula)  Member

(Nawab Singh) President

D.R.