IN THE STATE COMMISSION :DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 19.08.2014
First Appeal – 1045/2013
M/s Iffco Tokio General Insurance Company Limited,
Customer Service Centre, Delhi
FAI Building, 2nd Floor,
Shaheed Jeet Singh Marg,
Qutub Institutional Area,
New Delhi.
………Appellant
Vs
Ravinder Pal Singh Kohli,
Partner-M/s. Firio Apparels,
S-30, Janta Market,
Rajouri Garden,
New Delhi.
Also at:
E-27, Chanakya Place, New Delhi
……..Respondent
CORAM
Salma Noor, Presiding Member
NP Kaushik, Member(Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
SALMA NOOR, PRESIDING MEMBER
1. In a complaint case bearing No.368/2011 Shri Ravinder Pal Singh Kohli vs The Manager, Iffco Tokio General Insurance Company Limited filed before District Forum-II, Qutub Institutional Area, New Delhi 12.10.2012 was fixed for filing evidence by the OP/Appellant, but due to non-appearance, the Forum proceeded ex-parte.
2. That is what brings the Appellant/OP in appeal before this Commission.
3. We have heard Shri Abhinav Jain, Counsel for the Appellant at the admission stage as there is no need to hear the Respondent.
4. The version of the Appellant/OP for his non-appearance on the date fixed is that his Counsel visited his home town where he fell seriously ill and was advised complete bed rest and to avoid travelling. That is why he failed to appear before the District Forum and the case was proceeded ex-parte. In support of his contention, Appellant has filed an affidavit. There is no plausible reason not to rely and not to act upon this version of the appellant. Besides that it has never been the policy of law to stifle a contest and wherever possible, under the circumstances a lenient view in this regard has been recommended, so that the parties may have an opportunity to present their case before the Forum, so that the matter may be decided on merit. We therefore, allow the appeal setting aside the ex-parte orders dated 12.10.2012 in question, subject to payment of costs of Rs.2,000/- which the OP will pay to the complainant on the next date. The case is remanded back to the District Forum-II, Qutub Institutional Area, New Delhi with the direction that they will allow the Appellant/OP to file the evidence and decide the case after hearing both the parties. The Appellant/OP is directed to appear before the District Forum-II, Qutub Institutional Area, New Delhi on the date fixed.
5. A copy of this order be sent to District Forum-II, Qutub Institutional Area, New Delhi to keep it on complaint file and for compliance.
