Haryana

StateCommission

RP/56/2016

B.S.VERMA - Complainant(s)

Versus

MUNICIPAL CORPORATION,FARIDABAD - Opp.Party(s)

BY POST

30 Sep 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                     

                                                          Revision Petition No  :  56 of 2016

Date of Institution:        04.07.2016

Date of Decision :         30.09.2016

 

Cholamandalam MS General Insurance Company Limited, SCO No.236, IInd Floor, Sector 12, Karnal through its Divisional Manager.

                                      Petitioner-Opposite Party

 

Versus

 

Gourav son of Shri Karan Singh son of Shri Devi Chand, resident of Village Bibipur Jattan, Tehsil Indri, District Karnal.

 

Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

 

 

Present:               Mr. Puneet Jain, Advocate for petitioner

                                                None for the respondent

               

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

          Cholamandalam MS General Insurance Company Limited-opposite party (petitioner) is in revision against the orders dated June 08^th, 2011 and March 21^st, 2016 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby the petitioner was proceeded ex parte and its application for setting aside ex parte order was dismissed, respectively.

2.      Notice was issued to the respondent-complainant by registered post for August 08^th, 2016, which was received back with the report that the respondent refused to accept the same.  Notice was again issued to the respondent–complainant for August 30^th, 2016.  The notice was received back with the report of refusal.

 

3.      Learned counsel for the petitioner has urged that an opportunity be granted to the petitioner to file reply and contest the complaint.  The next date of hearing before the District Forum is October 03^rd, 2016.

4.      It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file reply and contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

5.      Accordingly, this revision petition is accepted and the orders June 08^th, 2011 and March 21^st, 2016 are set aside subject to the conditional cost of Rs.10,000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

6.      The present complaint pertains to year 2011. The District Forum is directed to decide the complaint expeditiously preferably within a period of two months.   

7.      The petitioner is directed to appear before the District Forum, on October 03^rd, 2016, the date already fixed.

8.      Copy of this order be sent to the District Forum.

 

Announced 30.09.2016

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

 

 

 

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