Haryana

StateCommission

RP/31/2018

FUTURE GENERALI INDIA INSURANCE CO. - Complainant(s)

Versus

KAMAL - Opp.Party(s)

RAJESH K. SHARMA

19 Mar 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

                                                Revision Petition No.   31 of 2018

                                                Date of Institution:       13.03.2018

                                                Date of Decision:         19.03.2018

  

Future Generali India Insurance Company Limited, SCO No.8, 2^nd Floor, Sector 16, HUDA Market, Faridabad (Haryana), through authorized officer Ms. Vidula Kaushik, Manager-TP Claims, Future Generali India Insurance Company Limited, 3^rd Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi.

 

….Petitioner-Opposite Party

Versus

 

M/s Check India Stones Private Limited, through its Director B.K. Aggarwal, F-476, Sarita Vihar, Delhi-110076.

 

….Respondent-Complainant

 

 

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

                   Shri Balbir Singh, Judicial Member.

 

 

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

                  

O R D E R

 

NAWAB SINGH J, (ORAL)

 

          By filing this revision petition, Future Generali India Insurance Company Limited-opposite party (petitioner herein) has challenged the order dated February 19^th, 2018 passed by District Consumer Disputes Redressal Forum, Faridabad (for short ‘District Forum’) whereby it’s defence was struck off for non-filing of written version. 

2.      Learned counsel for the petitioner has urged that impugned order be set-aside and petitioner be granted opportunity to file written version and contest the case on merits. The next date of hearing before the District Forum is March 28^th, 2018.

3.      The object is to expedite the hearing and not to scuttle the same. While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Thus, this revision petition is allowed and the impugned order dated February 19^th, 2018 is set-aside subject to conditional cost of Rs.3000/- to be paid to the complainant on the date fixed before District Forum. Consequently, the petitioner is accorded opportunity to file written version on the date fixed, that is, March 28^th, 2018 before the District Forum.  

4.      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.  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.

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

 

Announced: 19.03.2018

(Balbir Singh) Judicial Member

(Nawab Singh) President

D.R.