Sri Subhra Sankar Bhatta, Presiding Member

None appears on behalf of the Revisionists/Petitioners on repeated call.

Respondent No. 1, Joy Hari Jana files additional Vokalatnama.  Let it be kept with the record.

None appears on behalf of Respondent No. 2 despite service of notice.

Today is fixed for hearing of the Revision Petition.

The performance of the Revisionists/Petitioners inspires us to hold that the Revisionists/Petitioners are not willing to proceed further with the present Revision Petition.

Hence, the Revision Petition is taken up for passing order on merit.

Heard the Ld. Counsel for Respondent No. 1.

Perused the contention of the Revision Petition filed by the Revisionists/Petitioners viz. 1) MR. NEELESH GARG- MD & CEO of TATA AIG GENERAL INSURANCE COMPANY LIMITED AND 2) THE REGIONAL MANAGER, TATA AIG GENERAL INSURANCE COMPANY LIMITED under Section 47(1)(f) of the Consumer Protection Act, praying for setting aside the impugned order dated 28.10.2022 vide order no. 3 passed in the consumer complaint case no. 424 of 2022 by the Ld. District Commission at Rajarhat (New Town).

It is the settled principles of law that a Revision Petition cannot be and should not be dismissed for default.  The same should be heard and disposed of on merit. In the complaint case by virtue of the impugned order Ld. District Commission was pleased to proceed with the complaint case ex parte against all the OPs and fix the next date on 13.01.2023 for filing evidence by the Complainant.  Being aggrieved by and dissatisfied with the said order the OPs as Revisionists/Petitioners had preferred the present Revision Petition on various grounds as highlighted in the body of the Revision Petition.

We have carefully gone through the impugned order dated 28.10.2022 whereby Ld. Commission below was pleased to proceed with the complaint case ex parte against all the OPs.  It has been categorically observed that the OPs failed to submit their written version within the stipulated time as embodied in the Act. Practically, we do not find any irregularity or illegality in the impugned order of the Ld. Commission below.  The impugned order deserves to be sustained for the ends of justice.

Thus, the Revision Petition fails.

Hence,

O R D E R E D

That the present Revision Petition being RP No. 1/2023 be and the same is dismissed on merit but without any order as to costs.

The order dated 28.10.2022 passed by the Ld. District Commission below in consumer complaint case no. 424/2022 is hereby affirmed.

Thus, the present Revision Petition stands disposed of.

Both sides are directed to appear before the concerned District Commission on 18.03.2024 for receiving further order/orders.

Let a copy of this order be transmitted to the Ld. Commission below for information and taking necessary action.

Ld. District Commission is directed to dispose of the complaint case as expeditiously as possible.

Let free copy of this order be sent to the parties to the Revision Petition for information and strict compliance.

Note accordingly.