Haryana

StateCommission

RP/21/2017

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

Versus

PARAMJIT SINGH - Opp.Party(s)

S.C.THATAI

03 Mar 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.    21 of 2017

Date of Institution:       22.02.2017

Date of Decision:         03.03.2017

 

Birla Sun Life Insurance Company Limited, SCO No.133, 2^nd Floor, Sector-17, HUDA, Jagadhri (Yamuna Nagar), through Ms. Aakriti Manocha, Deputy Manager (Legal).

…….Petitioner-Opposite Party

 

Versus

 

Paramjit Singh son of Shri Alam Singh, resident of House No.351, Old Hamida, Anand Colony, Garhi Road, Yamuna Nagar, District Yamuna Nagar.

……Respondent-Complainant

 

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

                   Mr. Balbir singh, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. S.C. Thatai, counsel for the petitioner.     

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

          By filing this revision petition, Birla Sun Life Insurance Company Limited-opposite party (for short ‘Insurance Company’) has challenged the order dated May 03^rd, 2013 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that on the presumption of service, the District Forum proceeded ex parte against the petitioner, as notice of the complaint not received back served or unserved.

3.      Learned counsel has further urged that the impugned order be set aside; opportunity be granted to the petitioner to file written version and contest the complaint. The next date of hearing before the District Forum is March 07^th, 2017.

4.      Notice of the complaint was issued to the petitioner.  Petitioner was proceeded ex parte by the District Forum vide impugned order observing as under:-

“Notice sent to OP through regd. Post on 28.03.2013. Case called several times since morning, but none has appeared on behalf of OP. Sufficient time of 30 days also expired. It is already 3.30 P.M. No further wait is justified. Hence, OP is proceeded against ex parte. To come upon 16.07.2013 for ex parte evidence of complainant.”

 

5.      Perusal of record reveals that on May 03^rd, 2013, the District Forum proceeded ex parte against the petitioner, as notice of the complaint not received back served or unserved and more than one month had passed. Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the petitioner. 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 written version and contest the complaint.   

6.      Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the petitioner is accorded opportunity to file written version and join the proceedings.

7.      The petitioner is directed to appear before the District Forum, on March 07^th, 2017, the date already fixed.

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

 

         

Announced 03.03.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

  D.R.