State Consumer Disputes Redressal Commission
Ageas Federal Life Insurance Co. Ltd. ... vs Sh. Swarn Singh Pathania. & Anr. on 8 May, 2023
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA.
Revision Petition No.: 06/2023
Date of Presentation: 13.03.2023
Order reserved: 10.04.2023
Date of Decision: 08.05.2023
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Ageas Federal Life Insurance Co. Ltd. (Formerly known as
IDBI Federal Life Insurance Co. Ltd.) Having its registered
office at 22nd Floor, A-Wing, Marathon Futurex Mafatal Mills
Compound, N.M. Joshi Marg, Lower Parel (E), Mumbai
400013.
...... Petitioner.
Versus
1. Sh.Swarn Singh Pathania, R/o Village Chhalara, P.O.
Sihunta, Tehsil Bhatiyat, District Chamba, H.P.
...Respondent No.1/Complainant.
2. Mr.Atul Katoch S/o Sh. Daljeet Singh Katoch, R/o H.
No.502, Block 14, Nirmal Chhaya VIP Road, Zirakpur,
District Mohali, Punjab-140603.
....Respondent No.2.
.........................................................................................................
Coram
Hon'ble Justice Inder Singh Mehta, President
Hon'ble Ms. Sunita Sharma, Member.
Whether approved for reporting?1
For the Petitioner: Mr.Ishan Sharma, Advocate.
For Respondents No.1&2: None.
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1
Whether Reporters of the local papers may be allowed to see the order?
Ageas Federal Life Insurance Co. Ltd. Vs. Swarn Singh Pathania & Anr.
R.P. No.06/2023
Justice Inder Singh Mehta, President
O R D E R:
Present revision petition is preferred against the order dated 30.11.2022 of learned District Commission, Kangra at Dharamshala, whereby the application filed by the petitioner/opposite party No.1 for setting aside the ex-parte order dated 04.05.2022 was dismissed and also the order dated 14.06.2022, whereby right to file reply beyond stipulated period of 45 days of the petitioner/opposite party No.1 was struck off.
2. We have perused the revision petition as well as the impugned order.
3. Learned counsel on behalf of the petitioner has submitted that notice to the petitioner/opposite party No.1 was served on 31.03.2022 and date of appearance was on 04.05.2022. He further submitted that the Advocate appearing on behalf of the petitioner/opposite party No.1 namely Mr. Umesh Nath Dhiman had noted wrong date of hearing in his diary as 04.06.2022 instead of 04.05.2022. When, the counsel appeared on 04.06.2022 and inquired about the case, he came to know that the petitioner/opposite party No.1 was already proceeded against ex-parte on 04.05.2022 and consequently, right to file reply on behalf of the petitioner/opposite party No.1 was also struck off vide order 2 Ageas Federal Life Insurance Co. Ltd. Vs. Swarn Singh Pathania & Anr. R.P. No.06/2023 dated 14.06.2022. Learned counsel for the petitioner has placed reliance upon judgments/order of Hon'ble Supreme Court in CIVIL APPEAL No. 1463 of 2029 titled The Commissioner, Mysore Urban Development Authority Vs. S.S. Sarvesh, CIVIL APPEAL NOs. 2051-2052 of 2009 titled Lakhi Narayan Sonowal Vs. State of Assam & Anr. and Civil Appeal No. 7546 of 2021 titled Diamond Exports & Anr. Vs. United India Insurance Company Ltd. & Ors. He prays that revision petition be allowed and the impugned orders be set aside.
4. The petitioner/opposite party No.1 did not deny the service of notice. From the date of service of notice, the petitioner/opposite party No.1 has failed to file reply within stipulated period of 45 days.
5. Thus, in view of the order passed by the Hon'ble Supreme Court of India in the case of New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage (P) Ltd.(2020) 5 SCC 757, no ground is made out.
6. As far as the judgments relied upon by petitioner are concerned, same are not applicable in view of the judgment of the Constitutional Bench of the Hon'ble Supreme Court of India titled New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage (P) Ltd cited supra. 3 Ageas Federal Life Insurance Co. Ltd. Vs. Swarn Singh Pathania & Anr. R.P. No.06/2023
7. Accordingly, the present revision petition is dismissed with no order as to costs.
8. Learned District Commission below on receiving the copy of order is directed to proceed with the matter further in accordance with law.
9. Certified copy of the order be sent to each of the parties and their counsel(s) free of cost, as per Rules. Certified copy of order be sent to learned District Commission below and file of State Commission be consigned to record room after due completion. Revision petition is disposed of. Pending application(s), if any, also disposed of.
Justice Inder Singh Mehta President Sunita Sharma Member 08.05.2023 Manoj 4