Delhi

StateCommission

RP/148/2017

MAX BUPA HEALTH INSURANCE CO. LTD. - Complainant(s)

Versus

MR. GURCHARAN SINGH SALUJA - Opp.Party(s)

VIKAS CHAUHAN

18 Apr 2018

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Revision Petition No.148/2017

(Arising out of the order dated 02.11.2016 passed in Complaint Case No.239/2016 by the District Consumer Disputes Redressal Forum(Central) Delhi)

 

 

Max Bupa Health Insurance Co. Ltd.                                                      … Petitioner

 

Versus

 

Shri Gurcharan Singh Saluja                                                    … Respondent

 

 

BEFORE:

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

 

For the Petitioner:	Ms. Pratima Chauhan, Advocate.
For the Respondents	Mr. Manoj Bhandari, Advocate

 

 

Dated: 18^th April, 2018

 

ORDER

 

Justice Veena Birbal, President

 

                 By way of this revision petition prayer is made for recalling of the order dated 02.11.2016 passed by the Consumer Disputes Redressal Forum (Central) in CC No.239/2016 by which the petitioner/OP has been proceeded ex-parte.

                 Aforesaid order reads as under:

 

  “Present: Counsel for complainant

                 None for OP

 

            OP has been served on 22.08.2016 but nobody has entered appearance. Hence proceeded ex-parte.

 

            To come up for ex-parte CE on 23.12.2016.

                 After some arguments, counsel for respondent/complainant states that though delay has been caused in the matter and matter is final stage of arguments, however, for effective disposal of the case on merits, respondent has no objection if the prayer made in the petition is allowed subject to payment of costs.

                 In view of the said reasoning as well as keeping in mind the interest of justice as well as for effective disposal of the case, we accept this petition, set aside the impugned order subject to payment of costs of Rs.10,000/- to the respondent/complainant.

                 It is stated that the next date before the District Forum is 23.04.2018. On the said date the petitioner shall pay costs of Rs.15,000/- i.e. Rs.10,000/- for allowing the present petition and Rs.5,000/- for condoning the delay and shall also file its written statement on the said date. Thereafter, the District Forum shall proceed further in the matter in accordance with law.

                 A copy of this order be sent to the parties free of costs as per rule and also to the concerned District Forum. Thereafter, the file be consigned to Record Room.

 

 

(Justice Veena Birbal)

President

 

 

 

(Salma Noor)

Member