Haryana

StateCommission

RP/80/2016

STAR HEALTH AND ALLIED INSURANCE CO.LTD. - Complainant(s)

Versus

RAJESH KUMAR - Opp.Party(s)

NITESH SINGHI

17 Oct 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                                             

Revision Petition No  : 80 of 2016

Date of Institution:        21.02.2016

Date of Decision :         17.10.2016

 

1.      Star Health & Allied Insurance Company Limited, 9308, RJ Tower, Second Floor, G.T. Road, OP I.B. College, Panipat-132103 through its Branch Manager/Authorized Signatory.

2.      Saurav Gupta son of Sh. Sanjeev Gupta (Authorized Agent of Star Health & Allied Insurance Company Limited) R/o Gopal Agency, Railway Road, Opposite Subji Mandi, Safidon, District Jind. 

                                      Petitioners-Opposite Parties

 

Versus

 

Rajesh Kumar son of Sh. Ram Kumar, resident of Ward No.1, Rajiv Colony, Safidon, Tehsil Safidon, District Jind.

Respondent-Complainant

 

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

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member                      

 

 

Present:               Mr. Nitish Singhi, Advocate for petitioners.

 

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

          Star Health & Allied Insurance Company Limited and another-opposite parties (petitioners herein) are in revision against the orders dated July 21^st, 2016 and August 30^th, 2016 passed by District Consumer Disputes Redressal Forum, Jind (for short, ‘District Forum’) whereby the petitioners were proceeded ex parte and their application for setting aside ex parte order was dismissed, respectively.

2.      Learned counsel for the petitioners has urged that the impugned order be set aside; opportunity be granted to the petitioners to file written version and contest the complaint.  The next date of hearing before the District Forum is November 04^th, 2016.

3.      The case is at its initial stage. Justice is the goal of jurisprudence.  No party should ordinarily be denied the opportunity of participating in the process of justice dispensation. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party.  The ends of justice would be met if an opportunity is granted to the petitioners to file written version and contest the complaint.   

4.      Accordingly, this revision petition is accepted and the orders dated July 21^st, 2016 and August 30^th, 2016 are set aside. The petitioners are accorded opportunity to file written version and join the proceedings.

5.      This revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.  In this regard, 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.

6.      The petitioners are directed to appear before the District Forum, on November 04^th, 2016, the date already fixed.

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

 

Announced 17.10.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK