Haryana

StateCommission

A/792/2016

ISHWAR SINGH - Complainant(s)

Versus

N.C.JINDAL INSTITUTE OF MEDICAL CARE - Opp.Party(s)

IN PERSON

03 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    792 of 2016

Date of Institution:  31.08.2016

Date of Decision:    03.10.2016

 

 

Ishwar Singh s/o Sh. Girdhari Singh, Caste Bhati (Rajput), Resident of Amarpura, Post Bhuwadi, Tehsil Rajgarh, District Churu (Rajasthan).

                                      Appellant-Complainant

Versus

1.      N.C. Jindal Institute of Medical Care and Research Centre, Model Town, Hisar, Haryana, through its M.D.

2.      Dr. Madhuri Mehta, M.s. (ENT) Surgeon, N.C. Jindal Institute of Medical Care and Research Centre, Model Town, Hisar, Haryana.

3.      National Insurance Company Limited, Branch Office, Hansi, District Hisar, through its Branch Manager.

                                      Respondents-Opposite Parties

 

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

                   Mrs. Urvashi Agnihotri, Member.

      

 

Present:     Sh. Puneet Tuli, Advocate for the appellant

                   Sh. Rose Gupta, Advocate for the respondents No.1 & 2.

                   Sh. J.P. Nahar, Advocate for the respondent No.3

 

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Ishwar Singh–complainant against the order dated August 04^th, 2016 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the appellant has urged that the impugned order be set aside and complaint be restored at its original number.

3.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

4.       Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

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

  

 

 

October 03rd, 2016

Urvashi Agnihotri Member

B.M.Bedi Judicial Member

Nawab Singh President

 

U.K