Haryana

StateCommission

A/283/2016

RATTAN LAL - Complainant(s)

Versus

LIFE INSURANCE CORP. - Opp.Party(s)

J.P.GUPTA

10 Jun 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.    283 of 2016

Date of Institution:  05.04.2016

Date of Decision:    10.06.2016

 

Rattan Lal son of Sh. Punnu Ram, resident of Village Dhanarua Jattan, Tehsil Thanesar, District Kurukshetra.

Appellant-Complainant

 

Versus

 

1.      Branch Manager, Life Insurance Company, Ladwa, District Kurukshetra.

2.      District Manager, Life Insurance Company, Kurukshetra.

3.      Regional Manager, Life Insurance Company, Karnal.

4.      Sukbir Singh, Agent of LIC Ladwa son of Baljor Singh, resident of Village Dhanaura Jattan, Tehsil Thanesar, District Kurukshetra.

Respondents-Opposite Parties

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     Mr. Rakesh Nuniwal, Advocate for the appellant.

                   Ms. Neha Sharma, Advocate for the respondents.

 

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Rattan Lal –complainant against the order dated January 27^th, 2016 passed by District Consumer Disputes Redressal Forum, Kurukshetra (for short ‘District Forum’), whereby, the complaint was dismissed in default.

2.      Learned counsel for the petitioner has urged that the petitioner had engaged Sh. Sube Chand Kataria, Advocate before the District Forum, who could not appear on the date fixed and the complaint was dismissed in default. 

3.      He further urged that the impugned order be set aside and complaint be restored at its original number.

4.         The laws are not ends in themselves but are only a means for securing justice. The purpose of the law is to secure the ends of 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. 

5.       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.

6.      The parties are directed to appear before the District Forum on July 18^th, 2016.

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

  

 

Announced 10.06.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK