State Consumer Disputes Redressal Commission
L&T; Gen.Insu.Co.Ltd. vs Chandra Shekhar on 4 February, 2019
M.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
ORDER SHEET
REVISION PETITION NO. 02/2015
L & T GENERAL INSURANCE CO. LTD.
VS.
CHANDRASHEKHAR S/O GANESH PRASAD DUBEY AND OTHERS
4.2.2019 Shri Amit Tiwari, learned counsel for appellant.
Ms. Mona Paliwal, learned counsel for respondent
No.1.
None for respondents No. 2 and 3.
Heard learned counsel for petitioner and learned counsel appearing for respondent No.1, on I.A.-4, application seeking condonation of delay in filing the revision.
2. On due consideration, the application is allowed and the delay in filing the revision petition is condoned.
3. With the consent of learned counsel for the parties, the revision petition is heard finally.
4. This revision is directed against the interim order dated 16.9.2014, passed by the District Consumer Disputes Redressal Forum, Sagar (for short 'the Forum'), in complaint case No.128/14, whereby the Forum has ordered to proceed against the petitioner exparte, as the petitioner failed to appear even after service of notice on it.
5. Learned counsel for petitioner has brought to our notice the reasons set out in the revision memo, for non-
: 2 :appearance of the petitioner before the Forum on the date, which was fixed by the Forum.
6. On due consideration of the said reasons, we are of the view that in the interest of justice, the petitioner deserves to be given an opportunity to file reply and contest the matter on merits, however, subject to payment of cost of Rs.5,000/- to respondents No.1, payable by the petitioner on the next date of hearing before the Forum.
7. Petitioner and respondent No.1 to appear before the Forum on 12.3.2019 at 11 a.m. Petitioner to file reply of the complaint on the aforesaid date. If the cost is paid and reply is filed, the Forum shall take the reply on record and proceed with the complaint in accordance with law.
8. This revision stands disposed of accordingly.
(Justice Shantanu Kemkar) (Dr. Monika Malik)
President Member
Mercy