Haryana

StateCommission

A/956/2015

SHAKTI SINGH - Complainant(s)

Versus

UNITED INDIA INSURANCE CO.LTD. - Opp.Party(s)

PARVEEN SHARMA

13 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                          First Appeal No.    956 of 2015

Date of Institution:  29.10.2015

Date of Decision:    13.01.2016

 

 

Shakti Singh son of Ram Mehar, resident of Village Gangsina, Tehsil Gharaunda, District Karnal, Owner of M/s S.S. Tyres, Opposite K.R. Cinema, Meerut Road, Karnal.

Appellant-Complainant

 

 

Versus

 

1.      The United India Insurance Company, Branch Office, Karnal through its Branch Manager.

 

2.      Syndicate Bank, Branch at Village Gagsina, Tehsil and District Karnal through its Branch Manager.

 

Respondents-Opposite Parties

 

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

                   Mr. B.M. Bedi, Judicial Member.

                   Mr. Diwan Singh Chauhan, Member.

      

 

Present:     Sh. Parveen Sharma, Advocate for the appellant.

                   Sh. S.S. Sidhu, Advocate for the respondent No.1.

                   Sh. Sidharth Srivastav, Legal Manager, on behalf of respondent No.2.

 

                            

O R D E R

 

 

 NAWAB SINGH J, (ORAL)

 

The instant appeal has been filed by Shakti Singh –complainant against the order dated February 24^th, 2015 passed by District Consumer Disputes Redressal Forum, Karnal (for short ‘District Forum’) whereby the complaint was dismissed in default.

2.      Learned counsel for the petitioner has urged that the impugned order be set aside and complaint be restored at its original number.

3.         The purpose of the law is to secure the ends of justice. The laws are not ends in themselves but are only a means for securing justice. It is settled principle of law that contest and decision on merits is always better course unless the concerned party is extremely negligent or the conduct shows a will not to pursue the complaint, dismissal in default shall not subserve the cause of justice.  No such eventuality seems to be there which will exhibit extreme negligence or a will not to pursue the complaint. Therefore, this Commission deems it appropriate to restore the complaint of the complainant. 

4.       Accordingly, the appeal is accepted and the impugned order is set-aside. The complaint is restored to the board of the District Forum for adjudication on merits.

5.      The parties are directed to appear before the District Forum on January 28^th, 2016.

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

  

 

Announced 13.01.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

UK