Delhi

StateCommission

RP/45/2015

BIRLA SUN LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

NITIN KUMAR JAIN - Opp.Party(s)

05 Jan 2016

ORDER

IN THE STATE COMMISSION : DELHI

 

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

Date of Decision :05.01.2016

 

Revision Petition No. 45/2015

(Arising out of the EX-parte judgment dated 10.3.15 passed in Complaint Case No.974/2014 passed by the District Consumer Dispute Redressal Forum-VI, New Delhi.)

 

In the matter of

BIRLA SUN LIFE INSURANCE COMPANY LTD.

(Through its Legal Representative)

1, Indiabulls Centre, Tower-1, 16^th Floor,

Jupiter Mill Compound,

841, Senapati Bapat Marg, Elphinstone Road,

Mumbai-400013

 

……Appellant

 

 

Versus

 

 

NITIN KUMAR JAIN

S/o Shri Anant Kumar Jain

R/o F-376, F-Block, Ganga Vihar

Delhi-110094

…Respondents

 

CORAM

Justice Veena Birbal, President

Salma Noor, Member

 

1.       Whether reporters of local newspaper be allowed to see the      judgment?

2.       To be referred to the reporter or not?

 

 

 

Justice Veena Birbal, President

1.         By way of this petition challenge is made to order dated 10.3.15 by which the petitioner herein i.e. OP before the District Forum has been proceeded ex-parte. The impugned order is reads as under:-

                   ” Pr. Complainant.

                     None for OP

                   Notice already served. Track report placed on record.                 OP proceeded exparte. Put up on 22.04.15 for ex-parte               evidence.”

 

2.           Ld. Counsel for the Petitioner/OP has submitted that respondent/complainant had also filed another complaint dated 29.3.14 with IREDA against petitioner/OP. On the reference of IREDA, the Crime Branch of Delhi Police started making enquiries of the complaint and subsequently FIR No.119/14 under section 419 and 420 IPC was registered against the petitioner/OP.  Thereafter, the respondent/ complainant had filed a consumer complaint before the District Forum wherein notice was issued to the petitioner/OP for 10.3.15. It is stated that the petitioner/OP was served with the summons of the said complaint. However, the dealing clerk of petitioner/OP assumed the same as criminal investigation case and had kept it in the said file and due to that reason no one could appear before the District Forum on 10.3.15.  It is alleged that on 11.5.15 during the review of the file by the legal cell, notice dated 2.2.15 of District Forum was found and the petitioner company immediately informed its lawyer. Thereafter on enquires by its lawyer, it was found that the petitioner/OP had been proceeded ex-parte on 10.3.15. It is stated that thereafter, the certified copy of the impugned order was applied which was received by its advocate on 21.5.2015. Thereupon the present revision petition is filed. It is submitted that the consumer complaint case is at initial stages. It is further submitted that the petitioner/complainant has not yet filed its evidence by way of affidavit. It is stated that a great prejudice shall be caused to petitioner/OP if the impugned order is not set aside whereas no prejudice shall be caused to the respondent/complainant as he will get full chance to substantiate his case.
3.           As noted above, no one has appeared on behalf of the respondent/complainant despite being served.
4.           We have gone through the reasoning given in the petition for non appearance. Petitioner/OP has been able to show sufficient cause due to which it could not appear before the District Forum on 10.3.15. The complaint case is at initial stages.
5.           In view of the reasoning given as well as for effective disposal of the case on merits, we allow this petition and set aside the impugned order dated 10.3.15 by  which petitioner/OP was proceeded ex-parte subject to payment of costs of Rs.5,000/- to the respondent/complainant.
6.           The next date before the District Forum is stated to be 10.3.2016.
7.           On the said date, the petitioner/OP shall appear before the District Forum and shall pay the costs of Rs.5,000/- to the respondent/complainant and shall also file its written statement. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
8.           The revision petition stands allowed.
9.           A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum.

 

File be consigned to Record Room.

 

 (Justice Veena Birbal)

President

                                                  

 

(Salma Noor)

Member