IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 of the Consumer Protection Act, 1986)
Date of Decision: 01.08.2014
FA-716/2014
TATA AIG Life Insurance Co. Ltd.,
208, 2nd Floor, Kanchenjunge Bldg.
Barakhamba Road, Connaught Place,
New Delhi
Through its Authorized Signatory
Mr. Rahul Dhanotia
….Appellant
VERSUS
Smt. Asha Sharma
W/o, Sh. Vinod Kumar
R/o RZ-21, Nathu Ram Park,
Nazafgarh, New Delhi
….Respondent
India Bulls
M-61/62, 2nd Floor,
Connaught Place, New Delhi
CORAM
SALMA NOOR, MEMBER
N P Kaushik (Member Judicial)
1. Whether reporters of local newspaper be allowed to see the judgment?
2. To be referred to the reporter or not?
SALMA NOOR (MEMBER)
1. In a complaint case bearing No. 296/2004 titled as Ms. Asha Sharma Vs TATA AIG Life Insurance Co. Ltd. & ors. pending before District Forum-VI, M Block, Vikas Bhawan, IP Estate, New Delhi, Opposite Parte No. 1 (in short OP) had absented himself on 04.06.2014 and preceeded ex-parte. Hence the OP-1 filed present appeal before this Commission for setting aside the ex-parte orders dated 04.06.2014 passed by the District Forum.
2. We have heard Sh. Vikas Chauhan, Counsel for the Appellant in this appeal at the admission stage itself.
3. The version of the appellant/OP for his non appearance before the Forum is that the Counsel who was representing his case before the Forum was in some personal difficulty and asked his junior to appear before the Forum on the date fixe, but his junior became late and reached before the Forum at 3.30 p.m. till then the Forum ordered to proceed ex-parte against OP-1. To support its version the appellant has filed affidavit.
4. We do not find any reason for not believing the version of the appellant/OP-1. Policy of law is not to stifle a contest. In such circumstances, a lenient view is required to be taken so as to allow the parties to contest their cases. Hence, orders dated 04.06.2014 passed by the District Forum against the appellant/OP-1 is set aside, subject to payment of cost of Rs. 2000/- which the OP will pay to the complainant on the next date, with the direction to the District Forum that they will allow the appellant/OP-1 to file the WS and evidence and decide the case after hearing both the parties. The appellant/OP-1 is directed to appear, through his counsel, before the District Forum-VI, M-Block, Vikas Bhawan, IP Estate, New Delhi in this case on the date fixed.
5. Copy of this order be sent to District Consumer Disputes Redressal Forum-VI, M-Block, Vikas Bhawan, IP Estate, New Delhi for information and to keep it on record and compliance and a copy of this order be transmitted to both the parties.
