This revisional application is directed against the order dated 18/02/2019 passed by the Ld. Forum, Siliguri in CC/115/S/2018. The fact of the case in nutshell is that one K. Paul lodged a consumer complaint before the Ld. Forum against revisionist Royal Sundaram Gen. Insurance Co. Ltd. and Reliance Gen. Insurance Co. Ltd. for getting compensation for the damage of his vehicle in accident. The said consumer complaint case was registered before the Ld. Forum and after its admission the revisionist Royal Sundaram Gen. Insurance Co. Ltd., Siliguri Branch and Reliance Gen. Insurance Co. Ltd., Siliguri branch were issued notice fixing 11/01/2019 for S/R and W.V. The revisionist appeared before the Ld. Forum through Ld. Advocate and filed a petition for time to file W.V on next day. And next day again revisionist filed another petition for time to file W.V and the date was settled on 18/02/2019 for filing W.V on the part of the OP no. 1 as last chance. On 18/02/2019 the OP no. 1/revisionist could not file the W.V and the Ld. Forum has passed the order to hear the case ex parte against OP no. 1/revisionist.

            Being aggrieved with the said order this revision follows on the ground that Ld. Forum has passed this order which is erroneous and contrary to law and should be set aside. The revisional application before this Commission was admitted on merit and notice was served upon K. Paul that is the consumer complainant of the original case who happens to be the OP no. 1 in this revisional case. The OP no. 1 that is the principal OP of this revision has received the notice in due time but did not turn up before this Commission to contest the revisional application. Sufficient opportunity was provided to the Op to contest the revisional application but he did not ultimately contest the case. Accordingly, the revisional application is taken up today for disposal on merit and Ld. Advocate of the revisionist has moved the revisional application.

D E C I S I O N S   W I T H   R E A S O N S

After hearing Ld. Advocate of the revisionist it appears to this Commission that Ld. Forum has rightly observed that within 45 days since the date of receiving the copy of consumer case notice the revisionist could not file the W.V and for that reason Ld. Forum was compelled to pass an order to hear the case ex parte against revisionist as because Ld. Forum had no jurisdiction to extent further time to the revisionist for filing the W.V. Now the revisionist has come before this Commission with a prayer to allow the revisionist to contest the case as because the instant consumer case is still pending for disposal and there is an opportunity if revisionist is allowed to contest the case then the purpose of natural justice shall have to be prevailed, In reference to his argument, he preferred a judicial decision delivered by the Hon’ble Supreme Court of India in Reliance Gen. Insurance Co. Ltd. and another Vs. M/s. Mampee Timber and Hardware Pvt. Ltd. and in view of the Hon’ble National Commission in first appeal no. 372 of 2017 and approached this Commission to allow revisionist this company to contest the case by submitting the W.V which has already prepared. The copy of the W.V is shown at the time of hearing the case. After considering all aspects this Commission thinks it fit to allow the revisionist to contest the instant consumer complaint.

Hence it is ordered: -

That the instant revisional application is hereby allowed on contest on its own merit subject to payment of cost of Rs. 3,000/- to be paid by the revisionist to the complainant before the Ld. Forum on next day and also to file the W.V on that day positively failing which the Ld. D.C.D.R.F, Siliguri will be at liberty to adjudicate the case ex parte against the revisionist. Accordingly, the impugned order under appeal dated 18/02/2019 in CC/115/S/2018 passed by the Ld. D.C.D.R.F, Siliguri is hereby set aside. Let a copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. Concerned Forum through e-mail.