1.       Heard. Perused the record.

2.       Vide its Order dated 13.03.2020 in complaint no. 355 of 2019 the State Commission has ordered that the opposites party no. 1 insurance company and the opposite party no. 2 surveyor be proceeded against ex parte. This appeal before this Commission has been preferred by the insurance co. The surveyor has not challenged the State Commission’s Order.

3.       The impugned Order of the State Commission is reproduced below for reference:

As per report of Registry, notice sent to OPs on 19.12.2019 through registered post A.Ds. Neither RCs nor ADs received back. More than 30 days have elapsed. It is presumed to have been received by the OPs. Case called several times since morning. None is present on behalf of OPs.  Hence, OPs are proceeded against ex parte.

4.       The learned counsel for the insurance company (the appellant herein) submits that it had not received information of the case. The lapse in not appearing before the State Commission was not intentional. He requests that the order to proceed ex parte against it may be set aside so that it may be able to furnish its defence before the State Commission.

5.       The learned counsel for the complainant (the respondent no. 1 herein) submits that the complainant has sought relief against the insurance company, and not against the surveyor. He also submits that subject to reasonable cost the State Commission’s order to proceed ex parte against the insurance company may be recalled, so that its defence may also be considered by the State Commission while deciding the complaint.

6.       As such, in the interest of justice, to provide fair opportunity to the insurance company before the State Commission, so that the complaint may be decided after hearing both sides, the impugned Order dated 13.03.2020 of the State Commission in so far as it relates to the insurance company i.e. the opposite party no. 1 before the State Commission is set aside subject to cost of Rs. 25,000/- to be paid by the insurance company to the complainant.

It is clarified that since the surveyor i.e. the opposite party no. 2 before the State Commission has not challenged the State Commission’s Order, and also considering that no relief has been sought by the complainant against it, the State Commission’s order to proceed ex parte against the surveyor remains undisturbed.

The complainant and the insurance company are directed to appear before the State Commission on 27.09.2022. The insurance company is directed to pay the cost to the complainant on or before the said date.

The State Commission is requested to adjudicate the complaint on merit, as per the law, as expeditiously as possible.  

7.       The Registry is requested to send a copy each of this Order to the parties in the appeal and to their learned counsel as well as to the State Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.