Haryana

StateCommission

RP/6/2018

MAX LIFE INSURANCE CO.LTD. - Complainant(s)

Versus

PAWAN KUMAR AND ANOTHER - Opp.Party(s)

SUNNY DHULL

25 Jan 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.06 of 2018

Date of Institution:     24.01.2018

Date of Decision:      25.01.2018.

 

 

Max Life Limited, Branch Company Limited, 11^th Floor, DLF Square, Jakranda Marg, DLF Phase-II, Gurgaon, Haryana.

 

Petitioner-Opposite Party No.2

 

Versus

 

1.      Pawan Kumar son of Shri Jeet Ram, resident of Village Nai Basodi, Tehsil and District, Sonepat.

 

Respondent No.1-Complainant

 

2.      Axis Bank Limited, Branch Village Pallri Kalan, Tehsil and District Sonepat, through its Branch Manager.

 

Respondent No.2-Opposite Party No.1

 

 

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

                   Shri Balbir Singh, Judicial Member.

                  

                         

Present:     Shri Sunny Dhull, counsel for the petitioner.

 

         

                            

O R D E R

 

 

 NAWAB SINGH, J. (ORAL)

 

By filing this revision petition, Max Life Insurance Company Limited, Gurgaon–opposite party No.2 (for short ‘Insurance Company’) has challenged the order dated September 22^nd, 2017 passed by District Consumer Disputes Redressal Forum, Sonepat (for short ‘District Forum’), whereby the Insurance Company was proceeded ex parte.

2.      Learned counsel for the Insurance Company has urged that inadvertently counsel on behalf of the Insurance Company could not appear on the date fixed before the District Forum and as such, the Insurance Company was proceeded ex parte. The next date of hearing before the District Forum is February 05^th, 2018.

3.      Justice is the goal of jurisprudence. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party. Therefore, this Commission deems it appropriate to allow the Insurance Company to file written version. Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the Insurance Company is accorded opportunity to file written version and join the proceedings.

4.      This revision petition is disposed of without issuing notice to the respondents with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter.  Reliance can be placed on a Division Bench Judgment of Hon’ble Punjab and Haryana High Court rendered in     Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur (CWP No.9563 of 2002) decided on June 27^th, 2002.

5.      The Insurance Company is directed to appear before the District Forum, on February 05^th, 2018, the date already fixed.

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

         

 

Announced 25.01.2018	(Balbir Singh) Judicial Member	(Nawab Singh) President
D.R.