Chandigarh

StateCommission

A/80/2016

Bajaj Allianz General Insurance - Complainant(s)

Versus

Jatinder Kumar - Opp.Party(s)

Sh. Rajesh Verma, Adv.

20 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

 

Appeal No.	:	80 of 2016
Date of Institution	:	16.03.2016
Date of Decision	:	20.05.2016

 

Bajaj Allianz General Insurance Ltd., G.E. Plaza, Airport Road, Yearwada, Pune – 4111006.

Through its authorized person situated at SCO 14 (4th Floor) near Hotel Shiraaz-2, Sector 5, Panchkula.

……Appellant/Opposite Party No.1.

Versus

1. Jitender Kumar, R/o H.No.226, Sector 41, Chandigarh.

                     ....Respondent/Complainant.

2. Jain Electronics, SCO 86, Sector 40-C, Chandigarh.
3. Samsung India Electronics Pvt. ltd., 2nd, 3rd, 4th Floors, Tower-C, Vipul Tech. Square, Gold Course Road, Gurgaon.

....Respondents/Opposite Parties No.2 & 3.

 

Appeal under Section 15 of the Consumer Protection Act, 1986.

                  

BEFORE:     JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                   SH. DEV RAJ, MEMBER.

                   MRS. PADMA PANDEY,MEMBER.

 

Argued by:

 

Sh. Devinder Kumar, Advocate, Proxy for Sh. Rajesh Verma, Advocate for the appellant.

Sh. Jitender Kumar, respondent No.1 in person.

Sh. Puneet Tuli, Advocate for respondent No.3.

Respondent No.2 exparte vide order dated 02.05.2016.

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

(ORAL)

 

 

              This appeal has been filed against order dated 31.12.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), allowing consumer complaint No.612 of 2015.

2.           It is apparent from record that when none appeared for the appellant/Opposite Party No.1 and respondents No.2 & 3 /Opposite Parties No.2 & 3, exparte proceedings were taken against them and the order under challenge was passed.

3.           Sh. Jitender Kumar, respondent No.1/complainant, who is present in person, took a very fair stand that let the matter be heard on merits.

4.           We appreciate the stand taken by Sh. Jitender Kumar, respondent No.1/complainant. 

5.           In view of above, the appeal is allowed. The order under challenge is set aside. The matter is remitted to the Forum for decision on merits.

6.           Parties are directed to appear before the Forum concerned on 09.06.2016.

7.           Counsel  for the appellant/Opposite Party No.1 and respondent No.3/Opposite Party No.3 undertake to file replies and evidence, if any, within two weeks from today, failing which, no further opportunity shall be granted by the Forum for the said purpose and order under challenge dated 31.12.2015 shall be deemed to have been affirmed. Respondent No.2/Opposite Party No.2 shall also file its reply and evidence, in the same manner as directed above.

8.           Order passed is subject to payment of Rs.4,000/- as cost. The said amount be paid by the appellant/Opposite Party No.1 to respondent No.1/complainant on the date fixed before the Forum.

9.           Certified copies of this order be sent to the parties, free of charge.

10.         Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

11.         File be consigned to the Record Room after completion.

Pronounced

May 20, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb