Haryana

StateCommission

RP/57/2017

SBI GENERAL INSURANCE CO. - Complainant(s)

Versus

SUNIL KUMAR - Opp.Party(s)

INDERJIT SINGH

28 Jun 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                     

 

                                                          Revision Petition No  :  57 of 2017

Date of Institution:        12.06.2017

Date of Decision :         28.06.2017

 

SBI General Insurance Company Limited, SCO 149, Red Square Market, CUE-I, Near State Bank of India, Hisar, Mandi Branch, 125001 through its Manager/Authorized Signatory Sh. Akhil Kulhari available at SBI General Insurance Company Limited, 101, Natraj Junction of Western Express Highway & Andheri-Kurla Road, Andheri East, Mumbai-400069.

                             Petitioner-Opposite Party

 

Versus

 

Sunil Kumar aged about 25 years, son of Sh. Balwan Singh, resident of House No.110/27, Bhagwan Nagar, Rohtak Road, Jind, Tehsil and District Jind, Haryana.

Respondent-Complainant

 

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

                             Shri Balbir Singh, Judicial Member.

 

 

Present:               Shri Inderjit Singh, Advocate for petitioner

 

 

                                                   O R D E R

NAWAB SINGH J.(ORAL)

 

          SBI General Insurance Company Limited-opposite party (petitioner) is in revision against the orders dated March 08^th and April 10^th, 2017 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby the petitioner is proceeded ex parte and it’s application for setting aside ex parte order was dismissed, respectively.

2.      Learned counsel for the petitioner has urged that the impugned orders be set aside. An opportunity be granted to the petitioner to file written version and contest the complaint.  The next date of hearing before the District Forum is July 14^th, 2017.

3.      The object is to expedite the hearing and not to scuttle the same.  While justice delayed may amount to justice denied, justice hurried may in some cases amount to justice buried. No party should ordinarily be denied the opportunity of participating in the process of justice dispensation.  Justice is the goal of jurisprudence.  Therefore, this Commission deems it appropriate to allow the petitioner to contest the complaint. For whatever inconvenience has been caused to the other side suitable costs shall be the remedy.

4.      Accordingly, this revision petition is accepted and the orders dated March 08^th and April 10^th, 2017 are set aside subject to the conditional cost of Rs.5000/- which is to be paid by the petitioner to the respondent-complainant, on the date fixed, before the District Forum. The petitioner is accorded opportunity to file written version and join the proceedings.

5.      Following Batala Machine Tools Workshop Cooperative Vs. Presiding Officer, Labour Court, Gurdaspur(CWP No.9563 of 2002) decided on June 27^th, 2002 passed by a Division Bench of Hon’ble High Court of Punjab and Haryana, this revision petition is disposed of without issuing notice to the respondent with a view to impart substantive justice to the parties and to save the huge expenses, which may be incurred by the respondent as also in order to avoid unnecessary delay in adjudication of the matter.

6.      The petitioner is directed to appear before the District Forum, on July 14^th, 2017, the date already fixed.

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

 

Announced 28.06.2017

(Balbir Singh) Judicial Member

(Nawab Singh) President

UK