Delhi

StateCommission

RP/30/2016

APOLLO MUNICH HEALTH INSURANCE CO. LTD. - Complainant(s)

Versus

MR. DEEPAK PUNHANI - Opp.Party(s)

VIKAS CHAUHAN

13 May 2016

ORDER

IN THE STATE COMMISSION: Delhi

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

 

Date of Decision: 13.05.2016

 

Revision Petition – 30/2016

 

        In the Matter of:

 

                Apollo Munich Health Insurance Co. Ltd.

          2^nd & 3^rd Floor, ILABS Centre

          Plot No. 404-405, Udyog Vihar

          Phase-III, Gurgaon-122016

 

……Petitioner     Versus   Mr. Deepak Punhani Son of Sh. Arjun Punhani D-120, Vikas Puri New Delhi-110018                                                                                 …….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

        This is a revision petition wherein prayer is made for setting aside order dated 11.12.2015 passed by the Ld. District Consumer Redressal Forum in Complaint Case No. 664/15 whereby OPs- 1 to 3 have been proceeded ex-parte.

        The impugned order reads as under:

        “Pr. Complainant

        None for OP-1, 2 & 3.

        Receipt of post office and track record filed by complainant for notice sent to OP-1, OP-2 and OP-3.

        OP-1, OP-2 and OP-3 are proceeded ex-parte.

        Put up on 12.05.16 for evidence by way of affidavit of complainant”.

 

        Counsel for the petitioner states that petitioner herein is OPs- 1 & 2 before the Ld. District Forum. It is stated that the petitioner/OPs- 1 & 2 were served for 11.02.2015 and the appearance could not be made on the date fixed and by the time the counsel for the petitioner/OPs- 1 & 2 appeared before the Ld. District Forum, the impugned order had already been passed. Thereafter, necessary steps were taken and the present appeal is filed before this Commission for setting aside the aforesaid order.

        Respondent/complainant is present in person who states that he has no objection if prayer made in the petition is allowed, subject to payment of costs.

        In view of the reasoning given as well as no objection given by the respondent/complainant, we allow this petition and set aside the order dated 11.12.2015, subject to payment of costs of Rs. 2000/-.

        It is stated that the next date before the Ld. District Forum is 08.08.2016.

        Counsel for the petitioner states that she has already received the copy of the complaint and she will be filing written statement before the Ld. District Forum within 30 days from today.

        Let the parties appear before the Ld. District Forum on 08.08.2016.

        On the said date the petitioner/OP shall pay the costs to the respondent and thereafter the Ld. District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to the parties as well as to District Forum for necessary information.

        File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member

Rakeeba