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State Consumer Disputes Redressal Commission

Policybazaar Insurance Web Aggregator ... vs Smt. Usha Chauhan. & Anr. on 12 September, 2019

     H. P. STATE CONSUMER DISPUTES REDRESSAL
                COMMISSION SHIMLA
                                                      Revision Petition No.: 50/2019
                                                      Date of Presentation: 24.07.2019
                                                      Date of Order       : 12.09.2019
                                                                                                   ......

Policybazaar Insurance Web Aggregator Private Ltd. Through its
Manager/Authorized representative office at Plot No.119 Sector
44 Gurgaon Haryana-122001
                                                             ...... Revisionist/opposite party No.1

                                                     Versus

1. Smt.Usha Chauhan W/o Sh.O.P.Chauhan R/o                                                     Durga
   Bhawan Ram Nagar Shimla-4 H.P.

                                                                 ......Non-revisionist/Complainant.

2. M/s Reliance General Insurance Company Ltd. Through its
   Manager/Authorized representative Regd. Office 1st Floor
   Dhirubhai Ambani Knowledge City Navi Mumbai-400710
   Maharashtra.
                                                 ......Non-revisionist/Opposite party No.2.

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.Atul G.Sood Advocate
For Non-revisionist No.1 :                                       Ms.Anita Jalota Advocate.
For Non-revisionist No.2 :                                       Mr.Harsh Vardhan Advocate.


JUSTICE P.S. RANA (R) PRESIDENT:

O R D E R:

-

1. Present revision petition is filed by revisionist/opposite party No.1 against interim order dated 11.07.2019 passed by learned District Consumer Forum 1 Whether reporters of the local papers may be allowed to see the order? Yes. Policybazaar Insurance Web Aggregator Private Ltd. Vs.Usha Chauhan & Anr. R.P. No.50/2019 (Nomenclature changed to District Consumer Commission) Shimla (H.P) in consumer complaint No.92/2019 titled Smt. Usha Chauhan Versus M/s Policybazaar Insurance Web Aggregator Private Ltd. & another wherein revisionist was proceeded ex-parte by learned District Consumer Commission.

2. Learned Advocates appearing on behalf of non- revisionists submitted before State Commission that they have no objection if revision petition is allowed subject to payment of costs. Separate statements of learned Advocates recorded and placed on record. State Commission is of the opinion that it is expedient in the ends of justice and on principle of natural justice to set aside interim order dated 11.07.2019 passed by learned District Consumer Commission against revisionist. State Commission is of the opinion that no prejudice will be caused to complainant because complainant will be compensated with costs and due opportunity will be given to complainant to adduce evidence by way of affidavit(s) by learned District Consumer Commission.

3. In view of above stated facts revision petition is allowed and order of learned District Consumer Commission Shimla (H.P) dated 11.07.2019 relating to ex-parte proceedings against revisionist/opposite party No.1 is set aside subject to payment of costs of Rs.3000/- (Three 2 Policybazaar Insurance Web Aggregator Private Ltd. Vs.Usha Chauhan & Anr. R.P. No.50/2019 thousand). Revisionist shall pay costs to complainant before learned District Consumer Commission.

4. Be listed before learned District Consumer Commission Shimla (H.P) on date 01.10.2019. Observations shall not effect merits of consumer complaint in any manner. Learned District Consumer Commission shall dispose of consumer complaint within two months after receipt of copy of order because proceedings under Consumer Protection Act 2019 are time bound proceedings. Learned District Consumer Commission shall issue notices to learned Advocates engaged by parties before learned District Consumer Commission. Certified copy of order be sent to learned District Consumer Commission Shimla (H.P) forthwith for compliance 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 costs. 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 12.09.2019 Manoj 3