STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/80/2018

               (Against the order dated 06-04-2017 in Complaint Case No.

                186/2016 of the District Consumer Forum, Maharajganj )

Birla Sun Life Insurance Company Limited

One Indiabulls Centre, Tower 1

16^th Floor, Jupiter Mill Compound 841

Senapati Bapat Marg, Elphinstone Road

Mumbai-400013

                                                                                      ...Revisionist

                                                     Vs.

1. Monica Gupta

W/o Dhudhnath Gupta

Vill Sanda Khurd Post Katahari Bazar

Siswa Bazar, District Maharajganj

U.P. 273163

2. Upendra Gupta

Vill Sanda Khurd Post Katahari Bazar

Siswa Bazar, District Maharajganj

U.P. 273163

                                                                                      ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

HON’BLE MR. MAHESH CHAND, MEMBER

For the Revisionist         :   Mr. Rajesh Kumar Gupta, Advocate.

For the Opposite Party   :   None appeared.

Dated :  14-08-2018

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

Sri Rajesh Kumar Gupta, learned Counsel for the revisionist appeared.

None appeared for opposite parties. Notice has been sent to opposite party No.01 on 13-06-2018 but same was not returned unserved. Service of notice is held sufficient on opposite party No.01.

We have heard learned Counsel for the revisionist on application moved for condoning delay of revision.

In application moved for condoning delay of appeal it has been stated that vide order dated 06-04-2017 the District Consumer Forum has closed opportunity of written statement. Thereafter application was moved before District Consumer Forum for recalling order dated 06-04-2017. The

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District Consumer Forum rejected the recall application vide order dated 30-10-2017 but the order was not communicated to the revisionist by his Counsel. Revisionist came to know about this order dated 30-10-2017 through website of District Consumer Forum on 08-12-2017. Thereafter he obtained copy of order and moved application on 08-12-2017 for recalling exparte proceeding which was rejected by District Consumer Forum vide order dated 27-01-2018.

It is contended by learned Counsel for the revisionist that revisionist filed Revision Petition No. 61/2018 on 15-03-2018 which was disposed of by State Commission vide order dated 28-03-2018 giving liberty to file revision against order dated 06-04-2017 in accordance with law. Thereafter revisionist has moved this revision petition alongwith delay condonation application.

None appeared for the opposite party who is complainant in complaint before District Consumer Forum to oppose delay condonation application.

Considering all facts and circumstances mentioned above we are of the view that the delay in filing revision should be condoned and the revision should be disposed of on merits.

In view of above delay condonation application is allowed and delay of revision is condoned.

We have heard learned Counsel for the revisionist and perused impugned order dated 06-04-2017 whereby the District Consumer Forum has closed opportunity of written statement on the ground that the written statement has not been filed within stipulated period of 45 days. Revisionist has shown reason for the delay. It has been contended by the revisionist that the copy of complaint which was given to revisionist was illegible.

Considering facts and circumstances of the case as well as proposition laid down by Hon’ble Apex Court in Civil Appeal No…….of 2017 (D. No. 2365 of 2017) Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardware Pvt. Ltd. and another we are of the view that the impugned order passed by District Consumer Forum should be set aside and the written statement filed by revisionist before District Consumer Forum should be admitted on record on payment of Rs.3,000/- as

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cost.

In view of above revision petition is allowed. The impugned order dated 06-04-2017 passed by District Consumer Forum is set aside and the District Consumer Forum is directed to admit on record the written statement filed by revisionist before District Consumer Forum on payment of Rs.3,000/- as cost to the complainant.

The revisionist shall deposit the said amount of cost before District Consumer Forum by date fixed and on deposit of said amount the District Consumer Forum shall release it to the complainant without any delay.

Let copy of this order be made available to the parties within 15 days positively as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                               PRESIDENT

                                                                   ( MAHESH CHAND )

                                                                                   MEMBER

          Pnt.