Haryana

StateCommission

RP/20/2017

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

Versus

RANDHIR BUDHIRAJA - Opp.Party(s)

SAHIL ABHI

22 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                 

Revision Petition No  :  20 of 2017

Date of Institution:        22.02.2017

Date of Decision :         22.02.2017

 

 

Star Health and Allied Insurance Company Limited, Branch Office SCO 257, 2^nd Floor, Sector 44C, Chandigarh (Address mentioned in the complaint) whereas the present address SCO 130-131, 4^th Floor, Sector 34-A, Chandigarh.

                                      Petitioner-Opposite Party

Versus

 

Randhir Budhiraja son of Hansraj Budhiraja, aged 51 years, resident of Dream Enterprises, 1-2-3, Stadium Complex, Football Chowk, Ambala Cantt.

                                      Respondent-Complainant

 

 

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

                             Shri Balbir Singh, Judicial Member.

                             Shri Diwan Singh Chauhan, Member.

                                     

                                                                            

Present:               Shri Sahil Abhi, Advocate for petitioner.

 

                                                   O R D E R

 

NAWAB SINGH J, (ORAL)

 

The instant revision petition has been filed by Star Health and Allied Insurance Company Limited-opposite party against the order dated October 07^th, 2016 passed by District Consumer Disputes Redressal Forum, Ambala (for short ‘District Forum’) whereby the petitioner was proceeded exparte.

2.      Learned counsel for the petitioner has urged that petitioner was never served upon.  The impugned order be set aside; opportunity be granted to the petitioner to file written version and contest the complaint.  The next date of hearing before the District Forum is February 27^th, 2017.

3.      Notice of the complaint was issued to the petitioner.  Petitioner was proceeded ex parte by the District Forum vide impugned order observing as under:-

          “Today the case is fixed for consideration qua service of OPs.  None is present on behalf of OPs till today despite registered notices issued to OPs as per postal receipts dated 10.06.2016 not received back in any manner till date.  Mandatory period of 30 days from issuance of the notice has elapsed.  As such, it is presumed that the notice has been duly served upon all the OPs.  Case called repeatedly since morning but none on behalf of OPs has put in appearance till today.  It is already 3.30 PM.  No further wait is justified.  Hence OPs are hereby proceeded against ex parte.  Case is adjourned to 21.11.2016 for ex parte evidence.”

 

4.      Perusal of order shows that the District Forum proceeded ex parte against the petitioner, as notice of the complaint not received back served or unserved and more than one month had passed.  Thus, it becomes clear that on the presumption of service, the District Forum proceeded ex parte against the petitioner. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party, this Commission is of the opinion that ends of justice would be met if an opportunity is granted to the petitioner to file written version and contest the complaint.   

5.      Accordingly, this revision petition is accepted and the impugned order is set aside. Consequently, the petitioner is accorded opportunity to file written version and join the proceedings.

6.      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.

7.      The petitioner is directed to appear before the District Forum, on February 27^th, 2017, the date already fixed.

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

 

 

Announced 22.02.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK