Karnataka

StateCommission

A/831/2022

Smt. Savitramma W/o Ramanna, - Complainant(s)

Versus

The Managing Director, - Opp.Party(s)

MV Mudugal

31 Mar 2022

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 31^ST DAY OF MARCH 2022

 

PRESENT

 

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

MRS. DIVYASHREE M.                                     : MEMBER

 

Appeal No. 831/2022

 

Smt. Savithramma No.113/2, Old Betur Road Basavana Pete, Davanagere 577001 (By Sri. M.V. Mudagal) V/s	……Appellant
The Managing Director Max Life Insurance Co. Ltd. Plot No.90A, Sector 18 Gurugram 122015, Haryana	…Respondent

O R D E R

BY MR. K. B. SANGANNAVAR,  JUDICIAL MEMBER

This appeal is filed by complainant in C.C.144/2020 on the file of District Consumer Disputes Redressal Commission, Davanagere aggrieved by the order dated 23.12.2021.

2. The Commission heard Learned Counsel for appellant/ complainant.  We have examined the impugned order and grounds of appeal. Now we have to examine whether impugned order does call for any interference of this commission for the grounds of appeal?
3. Learned Counsel for appellant/complainant would submit that Commission below even without receiving affidavit evidence and hearing arguments recorded negative finding and dismissed the complaint being filed in 2020 and submits that the commission could have given an opportunity to the complainant to lead evidence by way of affidavit and to place documents or at least could have dismissed the complaint for default and non-prosecution has some considerable legal force.  It has to be noted herein that the Commission below has failed to follow little procedure, which has to be followed while dealing with consumer complaints which of course with swift speed in summarily.  If complainant failed to submit affidavit evidence, same could have been dismissed for default not to proceed to decide on merits. In such view of the matter to meet ends of justice to the consumer, it would be just and proper for this Commission to remand back this complaint to the Commission below to reconsider the case of the complainant and  to  receive  affidavit evidence and  documents thereon and to pass order in accordance with law. 
4. In the above such conclusion, we proceed to allow the appeal, consequently, set aside the order dated 23.12.2021 passed in C.C.No.144/2020 on the file of District Consumer Disputes Redressal Commission, Davanagere and remanded back the complaint with a direction to decide the case on merits as observed affording opportunity to both parties as early as possible not later than three months from the date of receipt of this order. 
5. The complainant is directed to appear before the Commission below on 20.06.2022 along with affidavit evidence and documents to be received by the Commission.

 

MEMBER                           JUDICIAL MEMBER         

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