Haryana

StateCommission

RP/14/2016

BIRLA SUN LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

KULDEEP - Opp.Party(s)

S.C.THATAI

15 Feb 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No  :  14 of 2016

Date of Institution:        01.02.2016

Date of Decision :         15.02.2016

 

 

1.      Birla Sun Life Insurance Company Limited, Claims Department One Indiabulls Centre, Tower 1, 16^th Floor, Jupiter Mill Compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai through Ms. Aakriti Manocha, Assistant Manager (Legal).

 

2.      Birla Sun Life Insurance Company Limited, Branch Office at SCO 9-10, 2^nd Floor, Sector 25, Transport Nagar, HUDA, Panipat 132103 through its Branch Manager/Authorized Signatory.

                                      Petitioners-Opposite Parties

Versus

 

Kuldeep son of late Shri Ram Parshad, resident of House No.33, Block 2, Post Office Jhatipur, Tehsil Samalkha, District Panipat.

                                      Respondent-Complainant

 

 

 

 

 

 

 

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

                             Shri B.M. Bedi, Judicial Member.

                                                                                                                  

Present:               Shri Nitin Thatai, Advocate for petitioners.

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

Birla Sun Life Insurance Company Limited and another-opposite parties (petitioners) is in revision against the order dated October 08^th, 2015 passed by District Consumer Disputes Redressal Forum, Panipat (for short, ‘District Forum’) whereby the petitioners were proceeded ex parte.

2.      Learned counsel for the petitioners has urged that Gulshan Kumar, Advocate was appointed by the petitioners. He stopped appearing without informing the petitioners.  So fault was not of the petitioners rather was of the counsel.

3.      Be that as it may and without delving deeper, this revision petition is accepted and the impugned order is set aside subject to the conditional cost of Rs.5000/- which is to be paid by the petitioners to the respondent-complainant, on the date fixed, before the District Forum. Consequently, the petitioner is accorded opportunity to join the proceedings.

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.  In this regard, 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.      The petitioner is directed to appear before the District Forum, on February 19^th, 2016, the date already fixed.

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

Announced 15.02.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

UK