Haryana

StateCommission

RP/135/2016

BIRLA SUN LIFE INSURANCE CO. LTD. - Complainant(s)

Versus

SUDESH BALA - Opp.Party(s)

B.S.DOGRA

06 Feb 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

Revision Petition No.   135 of 2016

Date of Institution:       28.12.2016

Date of Decision:         06.02.2017

 

Birla Sun Life Insurance Co. Ltd. One Indiabulls Centre, Tower 1, 15^th and 16^th Floor, Jupiter Mill Compound, 841, Senapati Bapat Marg, Elphinstone Road, Mumbai.

…….Petitioner-Opposite Party No.1

 

Versus

 

Smt. Sudesh Bala D/o Shri Budh Singh, R/o 17/203, Shekhpura, Palwal, Near Ex. MLA Shyam Lal, Palwal, Tehsil & District Palwal-121102.

……Respondent-Complainant

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

                         

 

Present:     Mr. B.S. Dogra, counsel for the petitioner.

                   Mr. Sikander Bakshi, counsel for the respondent.

                            

O R D E R

 

 NAWAB SINGH J, (ORAL)

          Birla Sun Life Insurance Company Limited-opposite party No.1 (for short ‘Insurance Company’) is in revision against the order dated September 06^th, 2016 passed by District Consumer Disputes Redressal Forum, Gurgaon (for short ‘District Forum’), whereby, petitioner was proceeded ex parte.

2.      Learned counsel for the petitioner has urged that on receiving notice, the Insurance Company instructed its Advocate through E-mail dated August 04^th, 2016 to appear before District Forum but the counsel did not appear on September 06^th, 2016. 

3.      He further urged that the impugned order be set aside and opportunity be given to the petitioner to file written version. The next date of hearing before the District Forum is February 08^th, 2017.

4.      Justice is the goal of jurisprudence. It is always better to decide the matter on merits, irrespective of the technicalities or formalities on the part of either party. Therefore, this Commission deems it appropriate to allow the petitioner to file written version. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

5.      Accordingly, this revision petition is allowed and the order dated September 06^th, 2016 is set-aside subject to conditional cost of Rs.3000/- to be paid to the complainant. Consequently, the petitioner is accorded opportunity to file written version and join the proceedings.

6.      The parties are directed to appear before the District Forum, on February 08^th, 2017, the date already fixed.

7.      Copy of this order be sent to the District Forum.  

 

         

Announced 06.02.2017

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

  D.R.