Delhi

StateCommission

RP/44/2018

M/S MAX BUPA HEALTH INSURANCE CO. LTD. - Complainant(s)

Versus

GUNEET SINGH SABHARWAL - Opp.Party(s)

SUMAN TRIPATHY

07 Aug 2018

ORDER

IN THE STATE COMMISSION : DELHIs

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

 

 

Revision Petition No.44/2018

(Arising out of the order dated 28.01.2016 passed in Complaint Case No.433/2014 by the District Consumer Disputes Redressal Forum(North East), Delhi)

 

 

M/s. Max Bup Health Insurance Co.  Ltd.                               … Petitioner

 

Versus

 

Guneet Singh Sabharwal                                                        … Respondent

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

For the Petitioner:	Counsel for the Petitioner
For the Respondent

 

Dated: 07^th August, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                

                   By way of this petition, petitioner/OP has prayed for setting aside of the order dated 28.01.2016 passed by the District Consumer Disputes Redressal Forum (North East) in CC No.433/2014 by which the right of the OP to file evidence has been closed. Aforesaid order reads as under:

 

“28.01.2016 – 44/14

Present:   Sh. Sanjay Sharma, advocate counsel for

                 complainant.

                 None for OP

It is observed that for the last 3 dates nobody on behalf of OP is appearing. Matter was fixed for OP’s evidence but it is not filed. Hence, opportunity to OP to file evidence is closed.

 

Put up the matter for filing of written arguments on 25.04.2016.”

 

 

                 Counsel for respondent/complainant has opposed the prayer made in this petition. However, considering the reasoning given in the petition for not filing the evidence as well as keeping in mind the interest of justice as well as for effective disposal of the case on merits, we accept this petition, set aside the impugned order subject to payment of costs of Rs.4,000/- to the respondent/complainant.

                 It is stated that the next date before the District Forum is 10.08.2018. Counsel for the petitioner/OP undertake to pay the costs within 07 days from today to the respondent/OP as it is stated that it will be difficult to get the costs within short period. On the said date the petitioner/OP shall file its evidence. Thereafter, the District Forum shall proceed further in the matter in accordance with law.

                 A copy of this order be sent to the parties free of costs as per rule and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member