State Consumer Disputes Redressal Commission
M/S Sbec Sugar Ltd Through Its ... vs The New India Assurance Co Ltd Through ... on 8 December, 2025
STATE CONSUMER DISPUTES REDRESSAL COMMISSION
UTTAR PRADESH
REVISION PETITION NO. SC/9/RP/98/2025
(Against the Order dated 6th November 2025 in Appeal DC/124/CC/8/2025 of the District
Consumer Disputes Redressal Commission Baghpat)
M/S SBEC SUGAR LTD Through its Authorised Representative
BUSINESS ADDRESS - VILL LOYAN MALAKPUR BARAUT BAGHPAT , BAGHPAT,UTTAR
PRADESH.
.......Petitioner(s)
Versus
THE NEW INDIA ASSURANCE CO LTD Through its Manager
BUSINESS ADDRESS - REGD HEAD OFFICE NEW INDIA ASSURANCE BLDG 87 M G RAOD
FORT MUMBAI , MUMBAI,MAHARASHTRA.
THE NEW INDIA ASSURANCE CO LTD Through its Manager
BUSINESS ADDRESS - REGIONAL OFFICE 4 TH FLOOR SURA TOWER108 THE MALL
LUDHIANA , LUDHIANA,PUNJAB.
.......Respondent(s)
BEFORE:
HON'BLE MR. JUSTICE AJAI KUMAR SRIVASTAVA , PRESIDENT
FOR THE PETITIONER:
M/S SBEC SUGAR LTD Through its Authorised Representative
FOR THE RESPONDENT:
THE NEW INDIA ASSURANCE CO LTD Through its Manager
DATED: 08/12/2025
ORDER
Oral State Consumer Disputes Redressal Commission U.P. Lucknow.
RP no.98 of 2025
SBEC Sugar Ltd. ....Revisionist.
Versus
New India Assurance Co. Ltd. ...Opp. Party.
ORDER
(Delivered by Hon'ble Mr. Justice Ajai Kumar Srivastava, President) 8.12.2025 1- By means of the instant revision, a challenge has been made to the order dated 25.9.2025 passed by the learned District Commission, Baghpat in complaint case no.08/2025, SBEC Sugar Ltd. vs. New India Assurance Co. Ltd.
whereby the application moved by the opposite party under Order 9 Rule 7 of the CPC has been allowed and the written statement has been admitted.
2- Heard Sri Aishwarya Pratap Singh, learned counsel for the revisionist.
3- In view of the proposed order, notice to the opposite party is hereby dispensed with.
4- The sole legal issue involved herein is whether it was open to the learned District Commission to have taken recourse to the provisions contained under Order 9 Rule 7 of the CPC despite the same being unavailable to the learned District Commission in view of section 38(9) & (11) of the Consumer Protection Act, 2019.
5- Having heard the learned counsel for the revisionist and upon perusal of entire record including the impugned order, this bench finds that the basis of impugned order is invocation of Order 9 Rule 7 by learned District Commission and it also appears that by means of the impugned order, learned District Commission has admitted the written statement filed by the opposite party.
(2)6- Upon careful perusal of the impugned order in the light of provision contained under section 38(9) & (11), this bench is of the considered opinion that the impugned order is patently illegal and deserves to be set aside with the direction to learned District Commission to dispose of the same having regard the provisions contained under section 38 (9) & (11) and also the judgment rendered by the Hon'ble Apex Court in (2020) 5 Supreme Court Cases 757, New India Assurance Co. Ltd. vs. Hilli Multipurpose Cold Storage Pvt. Ltd. with due expedition after putting the opposite party to notice.
7- Ordered accordingly.
8- The instant revision is disposed of accordingly.
9- Let this order be uploaded on the website of this Commission at the
earliest.
(Justice Ajai Kumar Srivastava)
President
Jafri PA I
Court No.1
..................J
AJAI KUMAR SRIVASTAVA
PRESIDENT