Delhi

StateCommission

RP/20/2019

M/S MAX LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

SH. VINAY VERMA & ANR. - Opp.Party(s)

SAURABH MUNJAL

20 Nov 2019

ORDER

IN THE STATE COMMISSION : DELHI

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

 

 

Revision Petition No.20/2019

(Arising out of the order dated 28.05.2018 passed in Complaint Case No.236/2017 by the District Consumer Disputes Redressal Forum (North), Delhi)

 

 

M/s Max Life Insurance Co. Ltd.                                          … Petitioner

                    

Versus

 

Sh. Vinay Verma & Anr                                                      … Respondents

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner/OP-1:	Mr. Veneet Chadha, Counsel for Petitioner/OP No.1.
For the Respondents :	Mr. Jitender Kumar Garg, Counsel for Respondent No.1/Complainant.

 

Dated: 20^th November, 2019

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

 

          By way of this present revision petition prayer is made for recalling of order dated 28.05.2018 passed by Consumer Disputes Redressal Forum (North), Delhi in Complaint Case No. 236/2017 by which OP No.1 i.e. petitioner herein has been proceeded ex-parte. Order of the District Forum vide read as under:-

      “28.05.2018

      Present: Counsel for Complainant.

                     Counsel for OP-2.

                     None for OP-1.

 

     Affidavit in evidence filed by the complainant. Copy supplied to counsel for OP-2. Perusal of order sheet reveals that OP-1 is not appearing from the last 2-3 dates. OP is proceeded ex-parte. Put up on 18.07.2018 for evidence by way of affidavit by OP-2.”

 

          It is an admitted position that notice of the complaint was received by the petitioner/OP No.1 on 27.11.2017 for 15.01.2018. It is stated that counsel for the petitioner/OP No.1 could not appear before the District Forum on 15.01.2018 as he had not been intimated about the case by the petitioner Company and the case was fixed for filing written statement on 19.02.2018. It is stated that counsel inadvertently failed to note down the aforesaid date as a next date of hearing in his case dairy and result thereof could not appear on 19.02.2018, 06.03.2018 and 06.04.2018. It is stated that in first week of May company official came to know about the exact date of hearing and immediately filed the written statement on 08.05.2018 However counsel for complainant could not appear on 28.05.2018 and petitioner/OP No.1 proceeded ex-parte. It is submitted that non-appearance of the counsel in the matter on the fixed dates was not intended as the counsel has noted the wrong date.

          I find no reason to disbelieve the version of petitioner/OP No.1 which is supported with the affidavit of Sh. Dhiraj Malik, Deputy Manager Legal of the M/s. Max Life Insurance Co. Ltd.

          After some arguments counsel for respondent No.1/complainant states that he has no objection if subject to payment of costs, impugned order is set aside and petitioner/OP No.1 is permitted to contest the case on merits.

          Accordingly, I accept this petition, set aside the order dated 28.05.2018 subject to payment of costs of Rs.5,000/- to respondent No.1/complainant.

          Let parties appear before District Forum on 24.12.2019. On the said date petitioner/OP No.1 shall pay cost to the respondent No.1/complainant (Rs.5,000/- for delay condonation and Rs.5,000/- for the present petition). Thereafter, District Forum shall proceed in the matter in accordance with law.

          Copy of the order be sent to parties as well as to District Forum for necessary information.

File be consigned to Record Room.

 

                                                          (Salma Noor)

                                                                                                                                                                                             Presiding Member