ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. R/113/2018
(Against the order dated 30-05-2018 in Execution Case No.
60/2012 of the District Consumer Forum, Varanasi )
Bharti AXA Life Insurance Company Limited
Having its registered office at Unit No.1904
19th Floor, Parinee Crescenzo, ‘G’ Block
Bandra Kurla Complex, BKC Road
Opposite MCA Ground, Bandra East
Mumbai-400051
Through its authorized signatory
...Revisionist
Vs.
Sanjay Gupta
C/o Shri Jagdish Ram Gupta
Quarter No. MM-40
Sanjay Gandhi Nagar, Chauka Ghat
Varanasi-221002
...Opposite party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. MAHESH CHAND, MEMBER
For the Revisionist : Mr. Abhishek Bhatnagar, Advocate.
For the Opposite Party :
Dated : 03-07-2018
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Mr. Abhishek Bhatnagar, learned Counsel for the revisionist appeared.
We have heard learned Counsel for the revisionist and perused impugned order dated 30-05-2018 passed by the District Consumer Forum, Varanasi in Execution Case No. 60/2012 Sanjay Gupta V/s Bharti AXA Life Insurance Company Limited whereby the District Consumer Forum, Mathura has rejected application moved by revisionist for condoning delay in appearance.
It is contended by learned Counsel for the revisionist that the certified copy of order dated 19-01-2018 passed by State Commission in Appeal No. 2579/2012 Bharti AXA Life Insurance Company Limited V/s Sanjay Gupta
:2:
was furnished to appellant on 23-03-2018 whereas the date of appearance fixed by the State Commission in its order dated 19-02-2018 was 13-03-2018. Therefore the revisionist could not appear before District Consumer Forum in compliance of said order dated 19-01-2018 passed by State Commission and moved application for condoning delay before District Consumer Forum but the District Consumer Forum has rejected it vide impugned order.
Copy of certified copy of order dated 19-01-2018 passed by State Comission in above appeal No. 2579/2012 shows that it has been issued on 23-03-2018 to the revisionist whereas the date fixed by State Commission for appearance before District Consumer Forum was 13-03-2018. As such there is sufficient ground for non appearance of revisionist on 13-03-2018 before District Consumer Forum. Further more the State Commission vide its order dated 19-01-2018 has set aside the impugned order passed by District Consumer Forum and has remanded the case to District Consumer Forum for passing afresh order on merits in accordance with law and has fixed 13-03-2018 date for appearance of parties before District Consumer Forum. Even in case of default in appearance on 13-03-2018 the order passed by District Consumer Forum is operative. The District Consumer Forum should proceed further in accordance with judgment and order dated 19-01-2018 passed by State Commission in above appeal.
In view of above revision petition is disposed of finally with direction to the revisionist to appear before District Consumer Forum on 07-08-2018. If the revisionist appears before District Consumer Forum on said date, the District Consumer Forum shall proceed further in accordane with judgment and order dated 19-01-2018 passed by State Commission in above appeal after notice to opposite party.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( MAHESH CHAND )
MEMBER
