DR. S. M. KANTIKAR, MEMBER

1.      This revision petition has been filed against the impugned order dated 19.9.2016 passed by Punjab State Consumer Disputes Redressal Commission, Chandingarh (in short, ‘the State Commission’) whereby the appeal of the appellant/OP was dismissed in default.

 2.     We have heard the learned counsel for the parties.  None was present for respondent No. 2-Axis Bank despite service.  Accordingly, respondent No. 2 was ordered to be proceeded against ex parte.

3.      The learned counsel for the petitioner submitted that the counsel could not be present in the State Commission on 19.9.2016, when the case was dismissed in default, because the said counsel was in another court at that time. 

4       The learned counsel stated that the State Commission had adjourned the matter due to heavy pendency on three earlier occasions.  The affidavit of the counsel before the State Commission has also been filed. 

5       We have perused the material on record.  It is stated in the order of the State Commission that the counsel for the petitioner Insurance Company failed to appear before the State Commission on the previous dates, i.e., on 18.01.2016 and 30.05.2016 as well.  On the date of the impugned order, i.e., 19.09.2016, the said counsel is stated to be busy with some other matter before the Haryana State Consumer Disputes Redressal Commission.  It was, however, his duty to send due intimation to the State Commission to that effect, or to have sought adjournment on that date.  In the interest of justice, however, we do feel that the matter should be adjudicated on merits and the Petitioner Insurance Company should be given another chance to plead their case before the State Commission.  This revision petition is, therefore, allowed and the impugned order passed by the State Commission is set aside, subject to the condition that a cost of ₹20,000/- shall be paid by the petitioner Insurance Company to the complainant within four weeks from today.  The matter is remitted back to the State Commission to decide the appeal afresh.  The parties have been directed to appear before the State Commission on 11.12.2017. 

6.      It is made clear, however, that if the cost is not deposited within the period stipulated, this petition shall stand dismissed automatically and no further action shall be required to be taken by the State Commission.