Chandigarh

StateCommission

RP/26/2016

Bajaj Allianz Life Insurance Com Ltd. - Complainant(s)

Versus

Smt. Kalawati - Opp.Party(s)

Ravi Sharma & Pawan K Bhardwaj, Adv.

23 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

                                                                 

 

Revision Petition No.	:	26 of 2016
Date of Institution	:	12.08.2016
Date of Decision	:	23.08.2016

 

 

1. Dena Bank, SCO 89, Sector 21, Panchkula through its Branch Manager.
2. Sandeep Kumar, the then Manager, 89, Sector 21, Panchkula.

……Petitioners/Opposite Parties No.3 & 4.

Versus

1. Smt. Kalawati w/o Sh. Ishwar Chander resident of House No.708, Village Maheshpur, Sector 21, Panchkula.
2. Sh. Ishwar Chander resident of House No.708, Village Maheshpur, Sector 21, Panchkula.

…..Respondents/complainants.

3. Bajaj Allianz Life Insurance Company Ltd., SCO 45, Pocket 1, Manimajra NAC, Chandigarh through its Branch Manager.
4. Bajaj Allianz Life Insurance Company Limited having its Registered Head Office at GE Plaza, Airport Road, Yerabara, Pune-411006 through its Manager.

……Respondents/Opposite Parties No.1 & 2.

 

 

BEFORE:   JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                SH. DEV RAJ, MEMBER.

                SMT. PADMA PANDEY, MEMBER.

               

 

Argued by:

 

Sh. Pawan K. Bhardwaj, Advocate for the Revision Petitioners/Opposite Parties No.3 & 4.

Smt. Kalawati and Sh. Ishwar Chander, respondents No.1 and 2 in person.

 

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

 

 

(ORAL)

            Service is complete.

2.         Smt. Kalawati and Sh. Ishwar Chander, respondents No.1 and 2 have put in appearance in person.

3.         This revision petition has been filed by the revision petitioners/Opposite Parties No.3 and 4, to set aside order dated 05.04.2016 passed by District Consumer Disputes Redressal Forum-I, UT, Chandigarh (in short ‘the Forum’), ordering exparte proceedings against the revision petitioners/ Opposite Parties No.3 and 4.

4.         It appears from the record that to set aside the above order, an application was filed, on which, notice was issued and ultimately, it was got dismissed as withdrawn by the revision petitioners, to avail alternative remedy. As per settled law, no power of review/setting aside exparte order lies with the Forum.  It is stated at the bar by the Counsel for the Revision Petitioners that non appearance was not deliberate. It happened on account of noting down wrong date by Clerk of the Bank. It was further stated that immediately on coming to know of the order passed, application to set aside the same was filed before the Forum. Prayer is to set aside order dated 05.04.2016.

5.         An undertaking has been given by the Counsel for the Revision Petitioners that reply and evidence will be filed in the Forum within 10 days from today. It is made clear that in case, commitment made is not honoured, no further opportunity shall be granted for the said purpose to the Revision Petitioners and order dated 05.04.2016 shall be deemed to have been affirmed.

6.         To the prayer made, Smt. Kalawati and Sh. Ishwar Chander, respondents No.1 and 2, who are present in Court, very graciously stated that let the Revision Petitioners participate in the proceedings on merits.

7.         In view of above, this Revision Petition is allowed. The order, under challenge, is set aside, subject to payment of Rs.7,000/- as costs. Let amount of cost be paid by the Revision Petitioners/Opposite Parties No.3 and 4 to respondents No.1 & 2/complainants on the next date of hearing before the Forum.

8.         Taking note of long pendency of the complaint, we expect and believe that the Forum will make an effort to decide this complaint within six weeks from today.

9.         Parties are directed to appear before the Forum on 01.09.2016.

10.        Certified copies of this order be sent to the parties, free of charge.

11.        Complete record alongwith a certified copy of this order be sent to the Forum, immediately, so as to reach there before the date fixed.

12.        File be consigned to the Record Room after completion.

Pronounced.

23^rd August 2016.

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

 

(DEV RAJ)

MEMBER 

 

 

 

(PADMA PANDEY)

      MEMBER

 Ad/Rb