Heard Sh. Nitin Kumar, learned counsel for the revisionists and Sh. Mohd. Muzammil, learned counsel for the opposite party.

This is delay condonation application filed by the revisionists to condone the delay in filing the revision petition.  The delay in filing the revision petition has been explained by the revisionists in the accompanying affidavit to the delay condonation application. 

Having perused the affidavit filed in support of the delay condonation application, we are of the view that the delay in filing the revision petition has not been sufficiently explained by the revisionists, but in the interest of justice and also with an intent that the matter should be decided on merit, we allow the delay condonation application and condone the delay in filing the revision petition.

Heard learned counsel for the parties finally at the admission stage itself.

This revision petition under Section 17(1)(b) of the Consumer Protection Act, 1986 is directed against the order dated 12.04.2018 passed by the District Forum, Dehradun in consumer complaint No. 164 of 2017; Sh. Vishwanath Gaur Vs. Birla Sun Life Insurance and others.  By the order impugned, the District Forum has closed the opportunity of the revisionists (opposite party Nos. 1 and 2 before the District Forum) of filing the written statement.

Having considered the submissions raised before us, we feel that in the interest of justice, the revisionists need to be granted an opportunity of filing the written statement.  It is a settled law that as far as possible, the matter should be decided on merits and the opposite party – complainant may be compensated by way of costs.

Therefore, the revision petition is allowed on payment of costs of Rs. 5,000/- (Rupees Five Thousand Only), payable by the revisionists to the opposite party.  Accordingly, the order impugned dated 12.04.2018 passed by the District Forum, thereby closing the opportunity of the revisionists of filing the written statement, is set aside.  The parties are directed to appear before the District Forum on 24.05.2019.  The revisionists are directed to file the written statement before the District Forum on or before the date fixed positively.  The costs awarded herein shall be paid by the revisionists to the opposite party before the submission of the written statement, failing which the written statement of the revisionists shall not be accepted on record.