State Consumer Disputes Redressal Commission
M/S Kashyap Departmental Store. vs United India Insurance Co. Ltd. & Anr. on 7 January, 2020
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
F.A. No. : 353/2019
Date of Presentation: 25.11.2019
Date of Order : 07.01.2020
......
M/s Kashyap Departmental Store Hamirpur Road Amb Una H.P.
Through its Proprietor Sh. Ashish Kumar.
Appellant/Complainant
Versus
1. United India Insurance Co. Ltd. Branch Office Una Near Punjab
and Sind Bank Amb Una through its Branch Manager.
2. Oriental Bank of Commerce Amb Branch Amb Una
Through its Branch Manager.
Respondents/Opposite parties
Coram
Hon'ble Justice P.S. Rana (R) President
Hon'ble Ms. Sunita Sharma Member
Hon'ble Mr. R.K.Verma Member
Whether approved for reporting?1 Yes.
For Appellant : Mr. Vivek Darhel Advocate
For Respondent No.1 : Mr. P.S.Chandel Advocate
For Respondent No.2 : None despite service.
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JUSTICE P.S. RANA (R) PRESIDENT:
O R D E R :-
1. Heard. Present appeal is filed against order dated 16.10.2019 passed by learned DCF/DCC Una (H.P.) in Consumer Complaint No.118/2019 titled M/s Kashyap Departmental Store versus United India Insurance Co. Ltd. & Anr. wherein learned DCF/DCC Una (H.P) dismissed consumer complaint in default. 1 Whether reporters of the local papers may be allowed to see the order? Yes. M/s Kashyap Departmental Store Versus United India Ins.Co. Ltd. & Anr.
(F.A. No.353/2019)
2. Learned Advocate appearing on behalf of co- respondent No.1 submitted before State Commission that co- respondent No.1 has no objection if order dated 16.10.2019 passed by learned DCF/DCC Una (H.P.) in Consumer Complaint No. 118/2019 is set aside subject to payment of costs. Separate statement of learned Advocate recorded and placed on record. State Commission is of opinion that it is expedient in the ends of justice and on principles of natural justice that present consumer complaint should be disposed of on merits after hearing parties on merits. State Commission is of opinion that no prejudice will be caused to opposite parties because due opportunity will be given to opposite parties to adduce evidence and address arguments before learned DCF/DCC and opposite parties will be compensated with heavy costs.
3. In view of above stated facts order dated 16.10.2019 passed by learned DCF/DCC Una (H.P.) in Consumer Complaint No. 118/2019 is set aside subject to payment of costs to the tune of Rs. 3000/- (Three Thousand) by complainant to opposite parties. After payment of costs consumer complaint will be restored to its original number.
4. Complainant shall pay costs to the opposite parties before learned DCF/DCC Una (H.P.). Be listed before learned DCF/DCC Una (H.P.) on 30.01.2020. Observations shall not effect 2 M/s Kashyap Departmental Store Versus United India Ins.Co. Ltd. & Anr.
(F.A. No.353/2019) merits of consumer complaint in any manner. Learned DCF/DCF Una (H.P) shall dispose of consumer complaint within three months after receipt of certified copy of order strictly as per laws and proved facts because proceedings under Consumer Protection Act are time bound proceedings.
5. Learned DCF/DCC Una (H.P) shall issue notices to learned Advocates engaged by parties before learned DCF/DCC. Certified copy of order be sent to learned DCF/DCC Una (H.P) for compliance forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of cost strictly as per rules. Statement of learned Advocate shall form part and parcel of order. F.A.No.353/2019 is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Sunita Sharma Member R.K.Verma *ss* Member 07.01.2020 3