NCDRC

NCDRC

RP/419/2013

AVIVA LIFE INSURANCE INDIA LTD. & 3 ORS. - Complainant(s)

Versus

INDIRABAI C.J. - Opp.Party(s)

MR. RITIN RAI

28 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 419 OF 2013
 
(Against the Order dated 29/09/2012 in Appeal No. 539/2012 of the State Commission Kerala)
1. AVIVA LIFE INSURANCE INDIA LTD. & 3 ORS.
AVIVA TOWER, SECTOR-ROAD,OPP GOLF COURSE, DLF PHASE-V,SECTOR-43
GURGAON
HARYANA - 122 003
2. DIRECTOR, DIRECT SALES FORCE, AVIVA LIFE INSURENCE INDIA LTD.
AVIVA TOWER, SECTOR-ROAD,OPP GOLF COURSE, DLF PHASE-V,SECTOR-43
GURGAON
HARYANA - 122 003
3. GIJI JOY,ASSOCIATE VICE PRESIDENT, AVIVA LIFE INSURANCE INDIA LTD
2N FLOOR, KIZHAKKETHIL ARCADE, NAGAMPADOM POST
KOTTAYAM - 686001
KERALA
4. AVIVA LIFE INSURANCE INDIA LTD,
REP BY ITS BRANCH MANAGER, LORD'S ARCADE NEAR HEAD POST OFFICE, M.C ROAD,
THIRUVALLA - 689 101
KERALA
...........Petitioner(s)
Versus 
1. INDIRABAI C.J.
MADATHUMPARAMBIL HOUSE, CHUMATHRA, P.O THIRUVALLA - 589103
KERALA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER

For the Petitioner :
Mr. Sidharth Jha, Advocate
For the Respondent :

Dated : 28 Oct 2013
ORDER

No one appears for the respondent even on the second call. Respondent, is, therefore, ex parte. 2. This revision is directed against against the order of the State Consumer Disputes Redressal Commission Kerela ( in short, the State Commission) dated 29.09.2012, which is reproduced thus: ounsel for the appellant present. Respondent present in person. Heard. We find no ground to admit the appeal. Further the Forum has awarded only a compensation of Rs.3000/- and a cost of Rs.2000/- only. Therefore, the appeal is dismissed in the admission stage itself. 3. Mr. Sidharth Jha, counsel for the petitioner has contended that impugned order of the State Commission is not sustainable in law for the reason that it is a non speaking order devoid of reasons for dismissal of the appeal on admission stage. There is a merit in the submission. On perusal of the order, it is seen that State Commission has dismissed the appeal preferred by the petitioner in limine without even referring to facts of the case and the grounds taken in the plea. The order is cryptic non speaking order which cannot be sustained. Revision petition is accepted and impugned order is set aside. Matter is remanded back to the State Commission with the direction to decide the appeal on merits after giving due notice to the opposite party. Petitioner to appear before the State Commission on 03.12.2013.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER

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