STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/150/2017

             (Against the order dated 09-01-2017 in Complaint Case No.

                373/2015 of the District Consumer Forum, G. B.Nagar )

Magma HDI General Insurance Co. Ltd.

Through the Deputy Manager Legal

Office at 5^th Floor,

Halwasiya Commerce House

11 M.G. Marg, Habibullah Estate

Hazratganj, Lucknow-224101

Interalia office at 24, Park Street

Kolkata-700016 and Branch Office

at Noida, Gautam Budh Nagar

                                                                                       ...Revisionist

                                                     Vs.

1. Ram Niwas

S/o Sri Sudesh Rai

R/o H. No. 481, Deepak Vihar

Khoda Colony

Tehsil & District Ghaziabad

2. Manager Shiva Motors Ghaziabad

R/o Showroom & Shop No.28, 3, 5,

Site-4, Industrial Area

Sahibabad-201010

District Ghaziabad

                                                                                        ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist                  :    Mr. Brijendra Chaudhary, Advocate.

For the Opposite Party            :   

Dated :  05-12-2017

                                                  JUDGMENT

       MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)

Sri Brijendra Chaudhary, learned Counsel for the revisionist appeared.

Heard learned Counsel for the revisionist and perused impugned order dated 09-01-2017 passed by District Consumer Forum, Gautam Budh Nagar in Complaint Case No. 373/2015 Ram Niwas V/s Branch Manager/Branch Office, Magma HDI General Insurance Company Limited

:2:

whereby the District Consumer Forum has closed opportunity of written statement after expiry of period prescribed by Consumer Protection Act 1986.

It is contended by learned Counsel for the revisionist that revisionist who is opposite party in complaint had moved application for recall of order dated 09-01-2017 which has been rejected by District Consumer Forum vide order dated 10-10-2017 on the ground that there is no provision in the Consumer Protection Act 1986 to recall exparte order.

 In Civil Appeal No…….of 2017 (D. No. 2365 of 2017) Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardware Pvt. Ltd. and another the Hon’ble Apex Court has held that in appropriate case written statement may be entertained on payment of cost or otherwise even after expiry of period prescribed.

 In view of proposition laid down by Hon’ble Apex Court in the above case this revision petition is disposed of finally with liberty to revisionist to move application before District Consumer Forum within 30 days from today. If such application is moved before District Consumer Forum, the District Consumer Forum shall pass appropriate order in the light of proposition laid down by Hon’ble Apex Court in the above judgment.

 Let copy of this order be made available to the parties as per rules.

( JUSTICE A H KHAN )

                                                                                                    PRESIDENT

          Pnt.