Haryana

StateCommission

RP/6/2019

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. - Complainant(s)

Versus

MAHENDER SINGH AND ANOTHER - Opp.Party(s)

SACHIN OHRI

13 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  Revision Petition No.06 of 2019

 Date of Institution:17.01.2019

  Date  of  Decision:13.02.2019

 

Bajaj Allianz General Insurance Company Ltd., GE Plaza, Airport Road, Yerwada, Pune having Branch Office at SCO 156-159, 2^nd Floor, Sector 9-C, Chandigarh through authorized signatory Jai Singh, Senior Executive, Legal.

…..Revisionist

Versus

 

1. Mahender Singh S/o Sh. Chitru Ram, R/o village Badoli, Tehsil and District Palwal.
2. Sarva Haryana Gramin Bank Branch at  Village Badoli, Tehsil & District Palwal through its Branch Manager.

 

…Respondents

 

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member.

                  

Present:-    Mr.Sachin Ohri, Advocate for the revisionist.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

 

           

                    As per order dated 12.02.2019 contained in letter No.391, I am conducting these proceedings singly.

2.                Present revision petition has been filed by the revisionist-opposite party No.1 against the impugned order dated 03.12.2018 passed by learned District Consumer Disputes Redressal Forum, Palwal (in short ‘learned District Forum’), vide which the present revisionist-opposite party No.1 was proceeded against ex-parte.

3.                Feeling aggrieved therefrom, revisionist has preferred the present revision petition.

4.               The argument have been advanced by Mr. Sachin Ohri, learned counsel for the revisionist. With his kind assistance the entire records of the revision petition had been properly perused and examined.

5.                Learned counsel for the revisionist-opposite party No.1 vehemently argued that the summons were issued by learned District Forum to the revisionist-opposite party No.1, which were received by the official of the company and since the cases pertains to crop insurance are coming in bulk from various Districts of Haryana, the concerned person from the Agriculture Department was on leave and the same could not be informed to the legal department of the company to pass necessary directions to the penal Advocate at Palwal. Therefore, the revisionist-opposite party No.1 was proceeded against ex-parte before learned District Forum. It is further argued that non appearance of revisionist-opposite party No.1 before learned District Forum was neither intentional nor willful, so the impugned order dated 03.12.2018 may be set-aside and  an opportunity may be given to the present revisionist for filing written statement, evidence and arguments on merits.

6.                From the perusal of record, it is clear that the present revisionist-opposite party No.1 was proceeded against ex-parte by the learned District Forum, Palwal vide order dated 03.12.2018. However, It is golden principle of law that proper opportunity should be afforded to the concerned parties before deciding the case on merits. So, the present revisionist should be afforded an opportunity of representing himself before learned District Forum. Under these circumstances, impugned order dated 03.12.2018 passed by learned District Forum, Palwal is set-aside for all intents and purposes, present revision petition is allowed subject to depositing of Rs.5,000/- as of costs before learned District Forum, Palwal. The matter is remitted back to the District Forum, Palwal to decide the complaint on merits after affording an opportunity to present revisionist-opposite party No.1 to file its written statement and to lead its respective evidence.  The revision petition be consigned to the record room.

7.                Parties are directed to appear before the District Forum, Gurugram on 29.03.2019 for further proceedings. 

 

 

 

February    13th, 2019                                                           Ram Singh Chaudhary                                                                                                        Judicial Member                                                                                                                   Addl. Bench              

           

R.K.