BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

Misc. Application No.71 of 2010 in

Complaint Case No: 1597 of 2009

Tilak Raj Pathak       Vs.          National Insurance Company

Present:   Sh.Vinod Mahendru,Advocate for Applicant/OP Insurance Company.

                                                ORDER

1]           As per order dated 12.5.2010, the complaint of the complainant was dismissed. The present application has been moved by Counsel for OP Insurance Company for setting aside the ex-parte order dated 12.5.2010 and marking the presence of the OP. His contention is that the complaint was decided on 12.5.2010 whereas the date for arguments was given to the applicant counsel as 19.5.2010.

2]           We have heard the learned counsel for OP Insurance Company. We have closely examined the main file and find that Sh.Vinod Mahendru, Advocate for OP was present only on 8.3.2010. Thereafter, he absented himself on 19.3.2010, 1.4.2010, 20.4.2010 and finally on 12.5.2010 which was the date for final arguments. Therefore, he has been not only absent on 12.5.2010 but on earlier three occasions also. In view of this, the application made by him stating that the date for arguments was given to him as 19.5.2010 and whereas the matter was decided on 12.5.2010 is incorrect. His application on this ground alone deserves rejection.

3]           Further, we are of the opinion that after the disposal of the complaint, this Forum is functus officio and has no power to modify or re-draft the order dated 12.5.2010. The aforesaid view is fortified by an authority of the Hon’ble Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal reported in I (2010) CPJ 537 titled “New India Assurance Co. Ltd. vs. Geeta Bai”, in which it has been clearly stated as under:-

 “Forum functus officio, not empowered to entertain same - Only remedy was through appeal” 

4]           In view of the above, the present application is accordingly dismissed.

5]           Certified copy of this order be sent to the parties free of charge.  The file be consigned.

27.05.2010      (MADANJIT KAUR SAHOTA)      (RAJINDER SINGH GILL)       (ASHOK RAJ BHANDARI)

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