State Consumer Disputes Redressal Commission
Religare Health Insurance Co. Ltd. vs Sh. Rohit Thakur. on 26 February, 2020
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
Revision Petition No.: 81/2019
Date of Presentation: 03.12.2019
Date of Order : 26.02.2020
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Religare Health Insurance Co. Ltd. 5th Floor Chawla House
Nehru Place New Delhi through its Regional Manager.
Religare Health Insurance Company Ltd. Vipul Tech Square
Tower C 3rd Floor Sector 43 Gurgaon 122009 through its Manager
(Legal).
Revisionist/Opposite party
Versus
Sh. Rohit Thakur S/o Late Sh. Balak Ram R/o Village Brueela
Post Office Jasour Garh Tehsil Churah District Chamba H.P.
Through his mother and natural guardian Smt. Seema W/o Late
Sh. Balak Ram R/o Village Brueela Post Office Jasour Garh
Tehsil Churah District Chamba H.P.
Non-revisionist/complainant
__ ______
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 Revisionist : Mr. Digvijay Singh Advocate vice
Mr . Jagdish Thakur Advocate.
For Non-Revisionist : None despite deemed service.
JUSTICE P.S. RANA (R) PRESIDENT:
O R D E R :-
1. Present revision petition filed under Consumer Protection Act against interim order dated 15.11.2019 passed by learned DCF/DCC Chamba (H.P) in consumer complaint No. 44 of 2019 titled Rohit Thakur versus Religare Health Insurance Co. Ltd. wherein revisionist/opposite party was proceeded ex-parte. 1 Whether reporters of the local papers may be allowed to see the order? Yes.
Religare Health Insurance Co. Ltd. Versus Rohit Thakur (R.P. No.81/2019)
2. As per registry report notice sent to non-revisionist through registered post not received back. More than thirty days expired. Deemed service is effected upon non-revisionist. None appeared on behalf of non-revisionist despite deemed service. Non-revisionist is proceeded ex-parte.
3. State Commission is of opinion that it is expedient in the ends of justice and on principle of natural justice that consumer complaint should be disposed of on merits after hearing parties in accordance with law and in accordance with proved facts. In view of above stated facts present revision petition is allowed and ex-parte interim order dated 15.11.2019 against revisionist/opposite party is set aside subject to payment of costs of Rs. 3000/- (Rs. Three Thousand).
4. Costs shall be paid by revisionist before learned DCF/DCC Chamba (H.P) to complainant. Be listed before learned DCF/DCC Chamba (H.P) on 25.03.2020. Learned DCF/DCC shall issue notices to parties. Observations shall not effect merits of consumer complaint in any manner.
5. Learned DCF/DCC Chamba (H.P) shall dispose of consumer complaint within three months after receipt of certified copy of order because proceedings under Consumer Protection Act are time bound proceedings. Certified copy of order be sent to learned DCF/DCC for compliance forthwith. File of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties 2 Religare Health Insurance Co. Ltd. Versus Rohit Thakur (R.P. No.81/2019) forthwith free of cost strictly as per rules. Revision petition is disposed of. Pending application(s) if any also disposed of.
Justice P.S. Rana (R) President Sunita Sharma Member R.K.Verma Member 26.02.2020 *SS * 3