ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 555 OF 2018
(Against the judgment/order dated 30-10-2017 in Complaint Case
No.141/2017 of the District Consumer Forum, Sonbhadra)
Shriram General Insurance Company Limited
E-8, EPIP, RIICO Industrial Area
Sitapura, Jaipur (Rajasthan)-302022
Branch Office 16, Chintal House, Station Road
Lucknow
Through its Manager
...Appellants
Vs.
- Shesh Nath Keshari, S/o Sri Ram Lakhan
R/o Bardiya, Pargana Agauri
Tehsil Robertsgang, District Sonbhadra
- Shriram Transport Finance Company Limited
First Floor, Muniji Complex, Murdhwa
Rainkut, District Sonbhadra
Through its Manager
- Shriram Transport Finance Company Limited
Third Floor, Mokambika Complex
Lady Dishika Road, Mellapoor, Chennai
Through its Chief Manager
...Respondents
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Appellant : Mr. Dinesh Kumar, Advocate.
For the Respondent No.01 : Mr. Sanjay Kumar Verma, Advocate.
For the Respondents No.2&3: Mr. Pramenra Verma, Advocate.
Dated : 14-01-2020
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 before this State Commission against judgment and order dated 30-10-2017 passed by District Consumer Forum, Sonbhadra in Complaint Case No. 141/2017 Shesh Nath Keshari V/s Shriram Transport Finance Company Limited and others whereby the District Consumer forum has allowed complaint against opposite party No.03 who is appellant of this appeal and passed following order in Hindi.
''परिवादी का परिवाद विपक्षी सं0. 03 के विरूद्ध आंशिक रूप से
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स्वीकार किया जाता है तथा विपक्षी सं0. 03 को आदेश दिया जाता है कि वह परिवादी को प्रश्नगत ट्रैक्टर के मरम्मत का खर्च मु0. 73,250/-रू0 का भुगतान करें। मानसिक व शारीरिक क्षति के रूप में मु0. 1,000/-रू0 व वाद व्यय के रूप में मु0. 1,000/-रू0 का भुगतान करें। उपरोक्त आदेश का पालन एक माह में किया जावे। विपक्षी सं0. 01 व 02 के विरूद्ध परिवाद खारिज किया जाता है।''
Feeling aggrieved by the order passed by District Consumer Forum the appellant/opposite party No.03 of the complaint has filed this appeal.
Learned Counsel Sri Dinesh Kumar appeared for appellants.
Learned Counsel Sri Sanjay Kumar Verma appeared for respondent/complainant.
Learned Counsel Sri Pramendra VErma appeared for respondents No. 02 and 03.
I have heard learned Counsel for the parties and perused impugned judgment and order as well as records.
It is contended by learned Counsel for the appellant that the impugned judgment and order has been passed exparte against appellant without giving proper opportunity to appellant for filing written statement and evidence.
It is further contended by learned Counsel for the appellant that the appellant has already paid amount of damages assessed by surveyor to financier of the respondent/complainant. The complaint has been filed with false allegation. The impugned judgment and order is against fact as well as law.
Learned Counsel for the respondent/complainant has opposed appeal and submitted that the impugned judgment and order passed by District Consumer Forum is correct. The respondent/complainant has filed estimate and vouchers of repairing of tractor in question before District Consumer Forum.
Learned Counsel for the respondents No 02 and 03 submitted that the respondents No. 02 and 03 have no concern with insured amount prayed by respondent/complainant.
I have considered the submissions mae by learned Counsel for the parties.
During course of argument learned Counsel for the appellant has shown
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photocopy of notice issued by District Consumer Forum to appellant. This notice has been issued on 27-09-2017 by District Consumer Forum and date fixed for written statement in this notice is 10-10-2017. It is therefore clear that sufficient time for filing written statement was not given to appellant/opposite party No.03. Perusal of copy of complaint filed alongwith appeal shows that appellant has been impleaded in complaint as opposite party No.03 by amendment.
Indisputably appellant has not filed written statement before District Consumer Forum and the impugned judgment and order has been passed by District Consumer Forum exparte against appellant.
Considering above facts I am of the view that the appellant should be given an opportunity to file written statement before District Consumer Forum and thereafter the District Consumer Forum should decide the case on merits after affording opportunity of evidence and hearing to both parties in accordance with law.
In view of above appeal is allowed. The impugned judgment and order passed by District Consumer Forum is set aside and the case is remanded back to District Consumer Forum to provide opportunity to appellant/opposite party No.03 to file written statement within 30 days from the date fixed in this judgment for appearance. It is clarified that no further time shall be given to appellant/opposite party No.03 to file written statement and the District Consumer Forum shall proceed further in accordance with law and shall pass a fresh judgment and order after affording opportunity of evidence and hearing to both parties within three months from the date of filing of written statement.
The parties shall appear before District Consumer Forum in above complaint on 06-03-2020.
In this appeal both parties shall bear their own costs.
Rs.25,000/- deposited by appellant under Section 15 of the Consumer Protection Act in this appeal shall be refunded to appellant alongwith interest accrued.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
