Haryana

StateCommission

A/651/2015

KANWAL PAL(DECEASED) THROUGH LRs - Complainant(s)

Versus

RELIANCE GEN.INSURANCE CO. - Opp.Party(s)

ANIRUDH KUSH

12 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No.   651 of 2015

Date of Institution: 05.08.2015

Date of Decision:   12.10.2015

 

Kanwar Pal now deceased represented through his LRs:-

1. Rita Devi                            Widow
2. Satinder Rana                  Son
3. Harinder Singh                 Son
4. Balwinder Singh               son

 

All residents of Village Jafarpur, Tehsil Barara, District Ambala.

                                      Appellants-Complainants

 

Versus

 

1.      Reliance General Insurance Company Limited, 60 Phase III, Okhla, Delhi, service is to be effected at SCO No.208, First Floor, Sector 14, Panchkula through its Divisional Manager/Authorized Signatory.

 

2.      Reliance General Insurance Company, SCO No.145-146, Sector 9-C, Chandigarh.

                             Respondents-Opposite Parties

 

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

 

Present:     Shri Anirudh Kush, Advocate for the appellants.

                   Shri Gaurav Sharma, Advocate for the respondents.

 

 

O R D E R

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by legal representatives of Kanwar Pal (since deceased) –complainants against the order dated July 07^th, 2015 passed by District Consumer Disputes Redressal Forum (for short ‘District Forum’), Ambala, whereby, the complaint was dismissed in default.

2.      Learned counsel for the appellants has urged that the impugned order be set aside and the complaint be restored at its original number.

3.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

4.       Accordingly, the appeal is accepted and the order dated July 07^th, 2015 is set-aside.  The complaint is restored at its original number.

5.      The parties are directed to appear before the District Forum on November 06^th, 2015.

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

  

 

Announced 12.10.2015

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK