Delhi

StateCommission

RP/72/2019

STAR HEALTH & ALLIED INSURANCE CO. LTD. - Complainant(s)

Versus

MINAKSHI KOHLI - Opp.Party(s)

VINEET MALIK

17 Jan 2020

ORDER

 IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

RP No.72/2019

(Arising out of the order dated 03.06.2019 passed in Complaint Case No.160/2019 by the District Consumer Disputes Redressal Forum (West), Janak Pur, New Delhi)

 

 

Star Health & Allied Insurance Co. Ltd.                                       … Petitioner

 

 

Versus

Minakshi Kohli                                                                         … Respondent

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner :	Mr. Vimal Kumar Malviya, Counsel for Petitioner.
For the Respondent	Shri I.P. Katyal, Authorised Representative.

 

Dated: 17^th January, 2020

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

                 By way of this revision petition prayer is made for recalling of the order dated 03.06.2019 passed by the Consumer Disputes Redressal Forum (West), Delhi in CC No.160/2019 whereby the petitioner/OP has been proceeded ex-parte.

                 Alongwith the petition there is application for condonation of delay in filing the present petition.

                 It is stated that counsel for petitioner/OP came to know about the passing of the impugned order only on 31.07.2019 when the counsel appeared before District Forum and thereafter applied for certified copy of the order. Thereafter, upon receipt of comments from the petitioner, he filed the present revision petition before this Commission. It is stated that though in revision it has been stated that associate of counsel for petitioner had appeared before Ld. District Forum on 03.06.2019 and sought time for filing written statement, however, upon enquiry his associate informed that due to some personal difficulty the said associate did not appear before District Forum and gave wrong information to the counsel. Averments made in the petition as well as application for condonation of delay, are supported with the affidavit of the counsel for petitioner.

                 In view of the reasons stated above as well as the affidavit of the counsel for petitioner, I find no reason to disbelieve the same and keeping in mind the interest of justice as well as for effective disposal of the case on merits, I condone the delay in filing the present revision petition and accept the present petition, set aside the impugned order subject to payment of costs of Rs.7,000/- to the respondent/complainant.

                 Parties are directed to appear before the District Forum on 06.02.2020. On the said date the petitioner shall pay costs of Rs.7,000/- (i.e. Rs.2,000/- for condonation of delay and Rs.5,000/- for setting aside ex-parte order) and shall also file its written  statement. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 File be consigned  to Record Room.

 

 

(Salma Noor)

Presiding Member

Tri