Haryana

StateCommission

Rp/47/2017

TATA AIG General Insurance Company Limited - Complainant(s)

Versus

Fakruddin - Opp.Party(s)

16 May 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No.    47 of 2017

Date of Institution:       15.05.2017

Date of Decision:         16.05.2017

 

TATA AIG General Insurance Company Limited, Sector 14, Gurgaon through its Authorized Signatory/Manager.

Through authorized officer Ms. Vidula Kaushik, Deputy Manager, Claims, TATA AIG General Insurance Company Limited, 2^nd Floor, SCO 232-234, Sector 34-A, Chandigarh.

…….Petitioner-Opposite Party

 

Versus

 

Fakruddin son of Shri Jamal Khan, resident of Village Meoli, Tehsil Nuh, District Mewat.

……Respondent-Complainant

 

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

                   Mr. Balbir Singh, Judicial Member.

 

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

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant revision petition has been filed by TATA AIG General Insurance Company Limited-opposite party against the order dated February 20^th, 2017 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’) whereby the petitioner was proceeded ex parte. 

2.      Learned counsel for the petitioner has urged that the impugned order be set aside and opportunity be given to the petitioner to file written version and contest the complaint on merits. The next date of hearing before the District Forum is May 17^th, 2017 for recording evidence of the complainant.

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 order is 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 order dated February 20^th, 2017 is set aside subject to the conditional cost of Rs.5,000/- 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 May 17^th, 2017, the date already fixed.

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

         

Announced 16.05.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

  (D.R.)