Delhi

StateCommission

RP/176/2016

MAX BUPA HEALTH INSURANCE CO. INDIA - Complainant(s)

Versus

VIKASH CHAUDHARY & ANR. - Opp.Party(s)

NAVNEET KUMAR

28 Sep 2016

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 28.09.2016

 

Revision Petition- 176/2016

 

 

        In the Matter of:

 

                Max Bupa Health Insurance Co. Ltd.

          B-1/1-2, Mohan Cooperative Industrial Estate,

          Mathura Road, New Delhi-110044

               

               

……Petitioner     Versus   1. Vikas Chaudhary S/o Mr. Dharamveer Singh, R/o B-46,  East Jyoti Nagar, Delhi- 110093   2. Dharamvir Singh, S/o Late Sh. C.L. Singh, R/o B-46, East Jyoti Nagar, Delhi- 110093                                                                                  …….Respondents

CORAM

Justice Veena Birbal, President

Salma Noor, Member

 

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

        This revision petition is filed by appellant/OP against order dated 26.05.2016 passed by Consumer Disputes Redressal Forum East, Saini Enclave, New Delhi in complaint case No. 535/15 by which the appellant/OP has been proceeded ex-parte.

        The aforesaid order reads as under:

 

        “Present Complainant counsel, non for OP, OP proceeded Ex-partie. Ex-partie evidence be file by the complainant on 28/7/16.”

 

        Counsel for the petitioner/OP has submitted that on 21.04.2016 the petitioner/OP had appeared and copy of complaint was supplied to him and thereafter matter was adjourned to 20.05.2016 for filing written statement. However, due to inadvertence the counsel for the petitioner/OP had noted the next date as 26.07.2016. It is stated that written statement has been filed on 06.06.2016 within the extended period as provided under the Consumer Protection Act.

        Counsel for the petitioner submits that no appearance could be made on 26.05.2016 due to wrong noting of date. The relevant pages of the diary are also annexed with this paper book.

        The petition is opposed by the respondent/complainant by stating that these are delaying tactics and the petitioner/OP intentionally did not appear.

        We have heard the parties.

The averments made in that petition are supported with affidavit of petitioner/OP. The relevant pages of the diary are also annexed.

        In view of the above reasoning, we accept this revision petition and set aside the order dated 26.05.2016, subject to payment of costs of Rs. 3000/- to the respondent/complainant.

        It is stated that next date before the Ld. District Forum is 15.10.2016.

        Let parties appear there on the said date and petitioner/OP shall pay the costs to respondent/complainant before the Ld. District Forum.

        Thereafter, the District Forum shall proceed further in the matter in accordance with law.

        A copy of this order be sent to the parties as well as to Ld. District Forum for necessary information.

        File be consigned to record room.

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member