Chandigarh

StateCommission

RP/36/2016

Bharti Axa Life Insurance Co. Ltd. - Complainant(s)

Versus

Salonika Gupta - Opp.Party(s)

Gaurav Bhardwaj, Adv.

02 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

Revision Petition No.	:	36 of 2016
Date of Institution	:	26.09.2016
Date of Decision	:	02.11.2016

 

Bharti AXA Life Insurance Co. Ltd., Regd. Office Unit 601 and 602, 6^th Floor, Raheja Titanium of Western Express Highway Gregaon (E) Mumbai – 400 063.

……Revision Petitioner/Opposite Party No.2.

Versus

1. Salonika Gupta w/o Late Sh. Sanjay Gupta, resident of B-17/71, Bania Gali, Kapurthala.

                              …..Respondent/Complainant.

2. India Info Line Finance Ltd., SCO No.3015-16, Sector 22-D, Chandigarh, through its Managing Director.
3. ICICI Lombard Insurance Company Limited, registered office ICICI Lombard House, Old Tata Press Building, 414, Veer Savarkar Marg, Prabha Devi and Near Siddhi Vinayak Temple Mumbai – 400 025.

                              ….. Respondents/Performa Party.

Revision Petition under Section 17 of the Consumer Protection Act, 1986.

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

       

Argued by:

 

Sh. Gaurav Bhardwaj, Advocate for the Revision Petitioner/Opposite Party No.2.

Sh. D.K.Sharma, Advocate for respondent No.1/complainant.

 

 

PER JUSTICE JASBIR SINGH (RETD), PRESIDENT

 

 

(ORAL)

 

 

            Service is complete.

2.         Sh. D.K.Sharma, Advocate has put in appearance on behalf of respondent No.1/complainant and filed his Power of Attorney, which is taken on record.

3.         Alongwith the appeal, an application for condonation of delay of 278 days as per the Revision Petitioner/Opposite Party No.2  (as per the office report 217 days), in filing the revision petition, has been filed.

4.         Heard.

5.         Sh. D.K.Sharma, Advocate Counsel for respondent No.1/complainant states that he has no objection if the delay aforesaid is condoned. For the reasons stated in the application, which is supported by a duly sworn affidavit and in view of no objection raised and finding sufficient cause, the delay aforesaid is condoned.

6.         The application is disposed of accordingly.

7.         This Revision Petition has been filed against order dated 24.09.2015 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short ‘the Forum’), in Consumer Complaint No.444 of 2016, vide which, on account of non-appearance on the date fixed, exparte proceedings were ordered to be taken up against the Revision Petitioner/Opposite Party No.2. It is apparent from record that qua the notice issued, no report was received. The order under challenge was passed taking note of provisions of Regulation 10(2) of The Consumer Protection Regulations, 2005.

8.         At the time of arguments, Counsel for respondent No.1/complainant very fairly states that let the order be set aside and the matter be heard on merits. 

9.         Counsel for the Revision Petitioner/Opposite Party No.2 undertakes that he will file written statement and evidence on record by moving an application in the Registry of the Forum within 10 days from today, with advance copy to the Counsel opposite. It is made clear that on receipt of reply and evidence, if need be, respondent No.1/complainant may file rejoinder to the same within next 10 days thereafter.

10.        It is made clear that if reply and evidence are not filed, as undertaken by the Revision Petitioner, this Revision Petition shall be deemed to have been dismissed and order under challenge shall be deemed to have been confirmed.

11.        In view of above, the Revision Petition is accepted. Order under challenge is set aside.

12.        The parties/their Counsel are directed to put in appearance before the Forum on 06.12.2016.

13.        We expect that the Forum will take up the matter on that date for arguments or may be within 15 days thereafter.

14.        Order passed is subject to payment of Rs.5,000/- as cost. The said amount shall be paid by the Revision Petitioner/Opposite Party No.2 to respondent No.1/complainant on the next date of hearing before the Forum.

15.        Certified copies of this order be sent to the parties, free of charge.

16.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

17.        File be consigned to the Record Room after completion.

Pronounced.

2^nd November, 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/rb