Karnataka

StateCommission

RP/41/2023

THE MANAGER, - Complainant(s)

Versus

T. GOVINDAPPA, - Opp.Party(s)

B.C.SHIVANNE GOWDA

06 Sep 2023

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
Revision Petition No. RP/41/2023
( Date of Filing : 22 Aug 2023 )
(Arisen out of Order Dated 09/03/2023 in Case No. Complaint Case No. CC/63/2021 of District Chitradurga)
 
1. THE MANAGER,
M/S UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., 3RDMFLOOR, K.V. SAMRAT, 217/A, 3RD MAIN ROAD, KASTURINAGARA, BANGALURU-43.
BENGALURU URBAN
KARNATAKA
2. NOW REPRESENTED BY ITS THE MANAGER,
M/S UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., UNIT NO 601&602, 6TH FLOOR, RELIABLE TECH PARK, CLOUD CITY CAMPUS, GATE NO 31,MOUJE ELTHAN, THANE-BALEPUR ROAD, AIROLI, NEW MUMBAL-400708.
MUMBAI
MAHARASHTRA
...........Appellant(s)
Versus
1. T. GOVINDAPPA,
S/O LATE KOUGI THIMMAIAH AGED ABOUT 69 YEARS, R/AT KYADIGUNTE, SLDDESHWARANADURGA, PARASHURAMAPURA HOBLI, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577538
CHITRADURGA
KARNATAKA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT
 HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER
 HON'BLE MRS. Smt. Divyashree.M MEMBER
 
PRESENT:
 
Dated : 06 Sep 2023
Final Order / Judgement

06.09.2023:

ORDER

BY HON’BLE MR. JUSTICE HULUVADI G. RAMESH, PRESIDENT

01.   The opposite party has filed this R. A. under section 47(1)(b) of the Consumer Protection Act, seeking to set aside the order dated: 09.03.2023 passed on IA No.2 in C.C. No.63/2021 by the District Consumer Disputes Redressal Commission, Chitradurga.

 

02.   On perusal of the order dated: 09.03.2023 on IA No.2, which reveals, opposite party has filed IA No.2 under section 151 of CPC seeking permission to file the version and the District Commission ordered to reject the same on the ground that, the opposite party has not filed version within 45 days.

 

03.   The Learned counsel for opposite party has argued that, due to Covid-19 and its consequences, they could   not able to file version and later on filed application on 19.05.2022 and on 09.03.2023, which came to be rejected even if Petitioner has given his consent to record the said version by allowing  IA No.2.

 

04.   In the above such circumstances we are of the considered opinion that, as the reasons assigned in the application are to be held bonafide one and the commission could exercise the powers vested in this commission.  Hence the Review Application filed by the opposite party is hereby allowed and setaside the impugned order with cost of Rs.500/- payable to the complainant.  The District Commission is directed to dispose-off the consumer complaint as early as possible within 03 months affordable opportunities to both parties in accordance with law.

 

 

LADY MEMBER       JUDICIAL MEMBER    PRESIDENT

Knmp*

 

 
 
[HON'BLE MR. JUSTICE Huluvadi G. Ramesh]
PRESIDENT
 
 
[HON'BLE MR. Krishnamurthy B.Sangannavar]
JUDICIAL MEMBER
 
 
[HON'BLE MRS. Smt. Divyashree.M]
MEMBER
 

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