Justice Pritam Pal, President 1. By this Common judgment, we are deciding the aforementioned Appeal as well as Revision petition, since common questions of law and facts are involved therein. In fact the appeal is filed against the basic order dated 15.10.1999 passed in complaint case No.1135 of 1999 whereby a direction was issued by the District Forum, Karnal to the Life Insurance corporation to pay to the complainant the amount of bonus or any other benefit that could have accrued during the period the policy remained intact. The Revision Petition is filed against the order dated 17.4.2002 passed in Execution No.8/2000 whereby Life Insurance Corporation was directed to comply with the aforesaid order passed in the complaint. 2. The parties hereinafter shall be referred to as per their status before the District Consumer Forum. 3. To cut short and without going into any further details, suffice it to say that the complainant in his second complaint No.1135 of 1999 could not show if quarterly payable premium due on 28.3.1995 had been paid by his son Yashpal Grover who had purchased an insurance policy namely “Jeevan Mitra” bearing No.170910781 for the period 28.3.1994 to 28.3.2019 and died on 3.9.1995. In this view of the matter, District Forum at Karnal without issuing notice of the complaint to Opposite party dismissed the complaint in limine, but at the same time allowed bonus and other benefits accrued during the currency of the policy, as stated above. Ultimately, execution application No.8 of 2000 was filed by the complainant in which a notice was issued to OP, who for the first time appeared and submitted that the basic order dated 15.10.1999 passed in complaint No.1135/99 was a nullity as the same was passed without any notice to OP. But the District Forum taking the plea that as its earlier order dated 15.10.99 was not challenged before the State Commission, so, it had no option but to execute the same. At the same time, it was also averred that the District Forum was not competent to review its own order and thus, ultimately directed OP to make compliance of its directions regarding payment of bonus etc. 4. This is how feeling aggrieved, Opposite party had filed Appeal against the basic order dated 15.10.1999 as well as Revision Petition against the order dated 17.4.2002 passed in Execution No.8/2000, before the Haryana State Consumer Commission which have been transferred to this Commission under directions of the Hon’ble National Commission. 5. Upon notice, none has appeared on behalf of the complainant. We have heard learned counsel for the Life Insurance Corporation and also gone through the material placed on file. 6. Admittedly, as stated above, no notice was issued in complaint case No.1135 of 1999 in which impugned order dated 15.10.1999 was passed. OP could not know about the said order till it received notice in execution petition in 2002. Thus, in the given facts and circumstances shown to us out of the material placed on the file, the delay in filing the appeal is condoned. 6. Now adverting to the merits of the case, in this regard it is again suffice it to say that the basic order dated 15.10.99 in fact is a nullity in the eyes of law as the same had been passed by the District Forum against OP before admission of the complaint and without issuing any notice. In this view of the matter, the said order is thus not enforceable. Consequently, directions given in the execution proceedings are also not sustainable, being contrary to law. 7. In the result, Appeal as well as Revision Petition filed by OP are accepted and consequently the impugned orders dated 15.10.1999 and 17.4.2002 passed by the District Forum are set aside. Now we remand the case to the District Forum, Karnal for disposal de novo in accordance with law after affording an opportunity to Opposite party to file its written statement of defence and after giving due chance to both sides to adduce their evidence . Parties will bear their respective costs. Certified Copies of this order be sent to the parties, free of charge. The file be consigned to record room.
| | HON'BLE MRS. MRS. NEENA SANDHU, MEMBER | HON'BLE MR. JUSTICE PRITAM PAL, PRESIDENT | , | | 
