Chandigarh

StateCommission

MA/855/2024

MAX/NIVA BUPA HEALTH INSURANCE COMPANY LTD. - Complainant(s)

Versus

SONIA SHARMA W/O LATE SH. VINOD KUMAR SHARMA. DEEPANSHI SHARMA D/O LATE SH. VINOD KUMAR SHARMA. SHIV - Opp.Party(s)

RAJEEV BHARDWAJ

15 Oct 2024

ORDER

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T. CHANDIGARH

[ADDITIONAL BENCH]

============

 

A/234/2024 along with

MA/568/2024 (CoD) & MA/855/2024

 

Niva Bupa Health Ins. Co. Ltd. & Anr.

 

…. Appellants

 

Vs.

 

Sonia Sharma & Others

.… Respondents

 

 

BEFORE: MRS.PADMA PANDEY    PRESIDING MEMBER

                PREETINDER SINGH     MEMBER

 

 

Argued by	:	Sh. Gaurav Bhardwaj, Advocate for the Appellants.
		Sh. Sachin Ohri, Advocate for the Respondent Nos.1 to 3.
		Sh. Rajeev Bhardwaj, Advocate for the Respondent Nos.4 & 5 (already proceeded ex-parte vide order dated 08.08.2024).

 

PER PADMA PANDEY, PRESIDING MEMBER

 

 

 

1.         By means of present order, we shall be disposing of MA/855/2024 filed by the Respondents No.4 & 5, inter alia, praying for setting aside/ recalling the ex-parte order dated 08.08.2024.

2.         The only issue which falls for consideration is as to whether this Commission has the power to set-aside/ recall the ex-parte order dated 08.08.2024. The merits of this case, therefore, need not be discussed.
3.         Heard the Learned Counsel for the parties and carefully gone through the record with utmost care and circumspection. 
4.         After giving our thoughtful consideration, to the contentions raised and material on record, we are of the considered opinion, that the instant misc. application is liable to be dismissed for the reasons to be recorded hereinafter.
5.         Learned Counsel for the Applicants/ Respondents No.4 & 5 submitted that the Applicants could not appear on 08.08.2024 as the matter has already been transferred to R.O. Jalandhar and the record was transferred from Branch Kurali to Jalandhar and Branch was in this impression that R.O. will look after the present case and they will contact the Advocate for appearance in this matter, so under these circumstances Branch could not contact the Advocate for appearance on 08.08.2024 and the Respondents were proceeded ex-parte on 08.08.2024 by this Commission. 
6.         When we asked the learned Counsel appearing for the Applicants/Respondents to point out the provision in the Act which enables this Commission to set aside the reasoned order passed, he could not lay his hands on any of the provisions in the Act. 
7.         On careful analysis of the provisions of the Consumer Protection Act, 2019, it is abundantly clear that the Consumer Commissions are creations of the Statute and derive their power from the express provisions of the Statute. The State Commissions have not been given any power to set aside ex parte orders and the powers which have not been expressly given by the Statute cannot be exercised. Pertinently, the legislature chose to give the Hon’ble National Commission power to review its ex parte orders. 
8.         Considering the aforesaid facts & circumstances of this matter that there is no provision in the Act enabling this Commission to set aside an ex parte order, we are of the considered opinion that MA/855/2024 lacks merit and is liable to be dismissed.
9.         Consequently, MA/855/2024 is dismissed. No order as to costs.
10.         List on the date already fixed i.e. 15.10.2024 for arguments in the main appeal.
11.         Certified copies of this order, be sent to the parties, free of charge.

Pronounced

15^th Oct., 2024                                                                        

Sd/-

                                                        (PADMA PANDEY)

PRESIDING MEMBER

 

 

Sd/-

                                                        (PREETINDER SINGH)

MEMBER

“Dutt”