Orissa

StateCommission

RP/14/2023

HDFC ERGO General Insurance Co. Ltd - Complainant(s)

Versus

Priyatama Muduli - Opp.Party(s)

M/s. R.C. Panigrahy & Assoc.

16 Feb 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/14/2023
( Date of Filing : 13 Feb 2023 )
(Arisen out of Order Dated 30/01/2023 in Case No. CC/263/2022 of District Cuttak)
 
1. HDFC ERGO General Insurance Co. Ltd
having its Registered office at- 1st Floor, HDFC House, 165/166, Backbay Reclamation, H.T. Parekh, Churchgate, Mumbai. through its authorised signatory and poer of attorney holder Ms. Bubhaneswari Das, Manager-Legal, petitioner company.
...........Appellant(s)
Versus
1. Priyatama Muduli
W/o- Bimbadhara Muduli, At- Salijanga, Bodal, Nuagaon, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s. R.C. Panigrahy & Assoc., Advocate for the Petitioner 1
 
Dated : 16 Feb 2023
Final Order / Judgement

              Heard the learned counsel for the petitioner.

2.      Learned counsel for the petitioner submitted that he challenged the order dated 30.01.2023 passed by the learned District Commission,Cuttack in C.C.Case No.236 of 2022. On 30.01.2023  when the petitioner took time to file written version, time was rejected and they were set ex parte and the matter was posted to 17.2.2023 for ex-parte hearing.  He further submitted that he sought time for filling written version within the period of 45 days from the date of receipt of notice but the learned District Commission,Cuttack rejected the petition without any valid reason.He has submitted that he is ready to file written version and further submitted to allow the revision petition by setting aside the impugned interim order which is against provision of law.

3.      Considered the submission. Perused the impugned order.It is submitted by the learned counsel for the petitioner that he has received the notice on 29.12.2022 and appeared on that day before the learned District Commission and the District Commission allowed time to file written version. The impugned order dated 30.01.2023 passed by the learned District Commission is as follows:-

                   XXX                   XXX                XXX

No steps taken by the complainant. Learned counsel for the O.ps has filed petition for time .Time is rejected. But no written version is filed. Heard.

Thus the O.ps are set-exparte. Put up on 17.02.2023 for exparte hearing.

4.      The above order does not disclose about ground of rejection of the petition for filing   written version. Every order must be passed with  reasons. Moreover, the statute permits to file written version within statutory period 30 days and it can be extended up to 15 days.The impugned order of learned District Commission  does not disclose any reason as to why they  reject time petitionand set the OPs  exparte resultantly matter posted for ex-parte hearing. We are of the view that in the facts and circumstances the impugned order should be set aside.Therefore, the impugned order is set aside and the revision petition is allowed at the stage of admission because the complainant  was also  absent on 30.01.2023.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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