NCDRC

NCDRC

FA/2371/2017

CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

MOHD. ALI KHAN - Opp.Party(s)

MR. RITESH KHARE & MR. MIRZA ASLAM BEG

17 Dec 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 2371 OF 2017
 
(Against the Order dated 03/10/2017 in Complaint No. 263/2017 of the State Commission Uttar Pradesh)
1. CANARA HSBC ORIENTAL BANK OF COMMERCE LIFE INSURANCE CO. LTD.
2ND FLOOR, ORCHID BUSINESS PARK, (NEAR SUBASH CHOWK), SECTOR-48, SOHNA ROAD,
GURGAON, HARYANA-122018
...........Appellant(s)
Versus 
1. MOHD. ALI KHAN
S/O. SAYED KHAN, R/O. WARD NO. 10, NAGAR PANCHYAT-THIRIY NIZAWAT KHAN, PS CANT, TEHSIL SADAR,
DISTRICT-BAREILLY
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE DR. S.M. KANTIKAR,PRESIDING MEMBER
 HON'BLE MR. DINESH SINGH,MEMBER

For the Appellant :
Mr. Ritesh Khare, Advocate
For the Respondent :
Mr. Abhinav Jain, Advocate

Dated : 17 Dec 2019
ORDER

 

 

1.      Heard learned counsel for both sides.

2.      Perused the record, including inter alia specifically the impugned Order dated 03.10.2017 of the State Commission.

3.      The said Order dated 03.10.2017 reads as below:

          The lawyer advocates present on behalf of the Complainant. Nobody is present from the opposite Party. Notice was sent to the opposite Party by registered post dated 18.8.17 which has not been returned as undelivered. Hence the notice on the opposite Party is considered delivered. The proceedings will be heard unilateral while ending the opportunity of written statement. Date 8.1.2018 for filing of evidence by Complainant.

(as per the translated copy of the State Commission’s Order)

4.      The State Commission has, in effect, directed that the Opposite Party be proceeded against ex parte and closed its right to file written version.

5.      In the interest of justice, and for holistic and comprehensive adjudication of the case on merit in the forum of original jurisdiction, the impugned Order dated 03.10.2017 of the State Commission is set aside. The Appellant – Opposite Party is allowed one (more) opportunity to file its written version before the State Commission within 30 days from today, subject to suitable/just   terms/cost of Rs. 75,000/- to be paid by the Appellant - Opposite Party to the Respondent - Complainant directly in his name by way of ‘payee’s a/c only’ demand draft within the same period of 30 days from today.

6.      The Appellant - Opposite Party is sternly advised to conduct its case professionally before the State Commission. 

7.     Both sides are directed to appear before the State Commission on 25.02.2020.

8.      The State Commission is requested to take the written version of the Opposite Party on record, if duly filed within the period stipulated above, subject to the above-mentioned cost being duly paid within the period stipulated above, to give opportunity to the Complainant to file his rejoinder thereto, and to proceed further with the adjudication of the case in the normal wont as per the law.

9.      The Registry is directed to send a copy of this Order to the State Commission within seven days.

            ‘Dasti’, in addition, to facilitate timely compliance. 

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER
......................
DINESH SINGH
MEMBER

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