Delhi

StateCommission

A/182/2016

BHARTI AXA LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

SH. BANWARI LAL RASTOGI & ANR. - Opp.Party(s)

10 Nov 2016

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 10.11.2016

 

First Appeal No. 182/2016

 

        In the Matter of:

 

                Bharti AXA Life Insurance Co. Ltd.

          having its registered office at

          Unit No. 601 & 602,

          6^th Floor, Raheja Titanium Office,

          Western Express Highway

          Goregaon (E)

          Mumbai- 400063

 

……Appellant     Versus   1. Sh. Banwari Lal Rastogi S/o Late Sh. D.M. Rastogi, R/o A-121, Madhuban, Patparganj Road, Delhi-110092   2. Sh. Tanmay Rastogi, S/o Sh. Banwari Lal Rastogi, R/o A- 121, Madhuban, Patparganj Road, Delhi- 110092                                                          …….Respondent

CORAM

Justice Veena Birbal, President

Salma Noor, Member

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

        This appeal is filed u/s 15 of the Consumer Protection Act (in short ‘the Act’)  wherein prayer is made for setting aside ex-parte judgment dated 08.12.2015 passed by the Consumer Disputes Redressal Forum, Kashmere Gate, Delhi in complaint case No. 273/2015.

        Briefly the facts relevant for the disposal of the present appeal are as under:

        Respondent herein i.e. complainant before the Ld. District Forum had taken an insurance policy, namely, Bharti AXA Life Elite Advantage Plan in the month of May 2015. It was alleged that the agent of appellant/OP had assured that it was one time investment plan and respondent/complainant had to invest only once. It was alleged that on receipt of the policy documents on 25.05.2015, it was found that it was different from whatever was assured by the agent of the appellant/OP and the terms and conditions were not agreeable to the respondent/complainant as such the policy documents were returned to appellant/OP on 08.06.2015 i.e. within free look period. It was alleged that despite the exercising of option, the appellant/OP refused to cancel the policy as such it was deficient in service on its part.

        Perusal of impugned judgment shows that the appellant/OP had not put in appearance and was proceeded ex-parte and after considering the ex-parte evidence, the impugned judgement is passed.

        Counsel for appellant/OP states that he was not served before the Ld. District Forum and due to said reason, no appearance could be made by appellant/OP. It is stated that the appellant/OP has a good case on merits and the impugned judgment may be set aside and chance be given to appellant/OP to contest the case on merits. It is submitted that a great prejudice shall be caused to appellant/OP in case the impugned judgement is not set aside as appellant/OP will be precluded from putting forth his defence whereas no prejudice shall be caused to respondent/complainant as he will get full chance to rebut the stand of appellant/OP.

        Ld. counsel for respondent/complainant initially opposed the prayer made in this appeal. However, after some arguments, Ld. counsel for  respondent/complainant has stated that respondent/complainant has no objection if the judgment is set aside, subject to payment of costs. 

        Considering the reasoning given for non appearance as well as no objection given by the respondent/complainant and also considering the stand of appellant/OP on merits and in the interest of justice, we deem it appropriate to accept this appeal and set aside the impugned ex-parte judgement, subject to payment of costs of Rs. 4000/-

        Let the parties appear before the Ld. District Forum on 12.12.2016. On the said date, appellant/OP shall pay total costs of Rs. 5000/- i.e. 1,000/- imposed towards condoning the delay in filing the appeal and 4000/- imposed vide aforesaid judgement. On the said date appellant/OP shall also file its written statement. Thereafter, the Ld. District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to parties as well as to Ld. District Forum for necessary information.

        File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member