Maharashtra

StateCommission

RP/12/45

THE NEW INDIA ASSURANCE CO LTD - Complainant(s)

Versus

MRS SUSHILA D HANDE - Opp.Party(s)

MRS KALPANA TRIVEDI

02 May 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/12/45
(Arisen out of Order Dated 27/12/2011 in Case No. 302/11 of District DCF, South Mumbai)
 
1. THE NEW INDIA ASSURANCE CO LTD
H O AT NEW INDIA ASSURANCE BUILDING 87 M G ROAD FORT MUMBAI 400001 AND D O AT NEW INDIA CENTER 17-A CO-OPERAGE 12 TH FLOOR MUMBAI - 400039
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. MRS SUSHILA D HANDE
SIDDHIVINAYAK SOCIETY FLAT NO 8 ASALFA VILLAGE GHATKOPAR WEST MUMBAI - 400084
MUMBAI
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mr. Dhanraj Khamatkar Member
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:MRS KALPANA TRIVEDI , Advocate for the Petitioner 1
 
ORDER

Per Hon’ble Mr.P.N.Kashalkar, Presiding Judicial Member

          Heard Mrs.Kalpana Trivedi-Advocate for the revision petitioner.

          This revision petition is filed by M/s.New India Assurance Co. Ltd. against the order passed by the District Consumer Disputes Redressal Forum, South Mumbai in consumer complaint no.CC/11/302 dated 27/12/2011. On that day, in the pending complaint on finding that opponent was duly served with the registered notice and still opponent was absent, forum was pleased to proceed ex-parte against the opponent and matter was adjourned to 06/02/2012 for ex-parte hearing.  Against this order original opponent has filed this revision petition. 

          We are finding that Ld. District Consumer Disputes Redressal Forum has committed no error of law in passing ex-parte order against the opponent, when opponent remained absent and did not file written version and affidavit to contest the matter.  When opponent is served with the notice sent by the District Consumer Disputes Redressal Forum, it was the duty of the opponent to remain present and to contest the matter by filing written version.  Since forum found that opponent was absent despite service of notice, forum was left with no option but to proceed ex-parte against the opponent.  Therefore, order passed by the District Consumer Disputes Redressal Forum is just and proper.  We find no substance in the revision petition filed by the opponent/Insurance company.  Hence the following order:-

                                      ORDER

Revision petition is summarily rejected.

 

Pronounced on 2nd May, 2012.

 

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mr. Dhanraj Khamatkar]
Member
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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