Haryana

StateCommission

A/929/2016

KAMLA DEVI - Complainant(s)

Versus

LIFE INSURANCE CORP. - Opp.Party(s)

NEERU BANSAL

02 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    929 of 2016

Date of Institution:  06.10.2016

Date of Decision:    02.01.2017

 

Smt. Kamla Devi age 47 years W/o Shri Suresh Lohan S/o Sh. Dalip Singh, resident of House No.1124, Sector-14, Hisar, Tehsil & District Hisar.

Appellant-Complainant

 

Versus

 

Life Insurance Corporation of India, Opposite Bimal Jain Children Hospital, Red Square Market, Hisar through its Manager/Duly Constituted Attorney.

Respondent-Opposite Party

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                         

 

Present:     Ms. Neeru Bansal, counsel for the appellant

                   Mr. S.C. Thatai, proxy counsel for Mr. Rajneesh Malhotra, counsel for the respondent

                    

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

This complainant’s appeal is directed against the order dated September 09^th, 2016 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the appellant has stated that the complaint was fixed for hearing of arguments on the date when it was dismissed in default.

3.      The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant.

4.      Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

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

 

Announced 02.01.2017

(B.M. Bedi) Judicial Member

(Nawab Singh) President

DR