This First Appeal has been preferred by the Oriental Insurance Company Ltd. and its Branch Manager, the Opposite Parties in the Complaint, against the order dated 10.03.2016, passed by the Himachal Pradesh State Consumer Disputes Redressal Commission at Shimla (for short “the State Commission”) in Complaint Case No. 15 of 2015.  By the impugned order, the State Commission has directed ex-parte proceedings against the Appellants on the ground that on the date fixed, nobody had appeared for them, drawing the presumption that the notice issued had been delivered to them.

At the outset, learned Counsel appearing for the Respondent, the Complainant, submits that the order impugned in this Appeal may be set aside with an opportunity to the Appellants to file their Written Version within a reasonable time, as may be fixed by this Commission, provided the Complainant is adequately compensated for the delay already caused in the disposal of the Complaint.

In view of the above and having regard to the circumstances explained by the Appellants for non-appearance of their Counsel on the date fixed, we set aside the order impugned in this Appeal, with a direction that if the Appellants file their Written Version within 30 days from the date of receipt of a copy of this order, the same shall be taken into consideration, subject to Appellants’ paying to the Complainant costs of ₹10,000/-.  The costs shall be paid before the State Commission.  If considered necessary, it will be open to the Complainant to file rejoinder affidavit to the Written Version, to be filed in terms of this order, within the time as may be granted by the State Commission.

The parties/their Counsel are directed to appear before the State Commission on 19.07.2017 for further proceedings.

The Appeal stands disposed of in the above terms.