State Consumer Disputes Redressal Commission
Varuna Road Lines vs O I C Ltd on 7 April, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 Revision Petition No. RP/167/2016 (Arisen out of Order Dated 26/10/2016 in Case No. C/132/2015 of District Kanpur Nagar) 1. Varuna Road Lines Kanpur Nagar ...........Appellant(s) Versus 1. O I C Ltd Kanpur Nagar ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Petitioner: For the Respondent: Dated : 07 Apr 2017 Final Order / Judgement STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW REVISION NO. R/167/2016 (Against the order dated 26-10-2016 in Complaint Case No. 132/2015 of the District Consumer Forum, Kanpur Nagar ) Varuna Roadlines Plot No.619 Near Telko Service Station Rangpuri Mhipalpur New Delhi 110037 Through Power of Attorney Surabh Sharma S/o Firangi Lal Sharma R/o 128/85, Kidwai Nagar Kanpur Nagar ...Revisionist Vs. 01.Oriental Insurance Company Limited Head Branch 16/98 Jivan Vikas Building Tritiya Khand, M.G.Marg The Mall Kanpur Nagar-208001 02.Gail )India Limited) 16 Mikaji, Palace R K Puram New Delhi Sales Manager Gail )India) Limited Pata District Auraiya-206241 ...Opposite parties BEFORE: HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MR. MAHESH CHAND, MEMBER
For the Revisionist : Sri Anil Kumar Mishra, Advocate. For the Opposite Party : Sri A K Singh, Advocate. Dated : 07-04-2017 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL) Mr. Anil Kumar Mishra, learned Counsel appeared for revisionist.
Mr. A K Singh, learned Counsel appeared for opposite party Insurance Company.
We have heard learned Counsel for the parties and perused impugned order dated 26-10-2016 passed by District Consumer Forum, Kanpur Nagar in Complaint Case No. 132/2015 Varuna Roadlines V/s Oriental Insurance Company Limited and another whereby the District Consumer Forum has :2: entertained written statement filed by opposite party no.1 Oriental Insurance Company Limited on payment of Rs.200/- as cost.
It has been contended by learned Counsel for the revisionist that the said opposite party no.1 has failed to file written statement within stipulated period of 45 days. As such his opportunity for written statement was over and case was proceeded for exparte against him.
It has been further contended by learned Counsel for the revisionist that the District Consumer Forum has no jurisdiction to recall order passed earlier or to entertain written statement after expiry of stipulated period of 45 days. As such the District Consumer Forum has committed illegality in entertaining written statement filed by opposite party after expiry of stipulated period of 45 days.
Learned Counsel for the opposite party Oriental Insurance Company Limited has contended that the impugned order passed by District Consumer Forum is in consonance with the proposition laid down by Hon'ble Apex Court in its recent judgment and order dated 10-02-2017 passed in Civil Appeal No.......of 2017 (D. No. 2365 of 2017) Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardwares Pvt. Ltd. and another.
We have considered the submissions made by learned Counsel for the parties.
We have perused order dated 10-02-2017 passed by Hon'ble Apex Court in the case of Reliance General Insurance Company Limited and another V/s M/s. Mampee Timbers and Hardwares Pvt. Ltd. and another wherein Hon'ble Apex Court has held that it will be open to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case, on suitable terms, including the payment of costs, and to proceed with the matter.
In view of above judgment and order passed by Hon'ble Apex Court we are of the view that no interference is justified in impugned order passed by District Consumer Forum.
In view of above revision is dismissed. However, a direction is issued to the District Consumer Forum to decide complaint expeditiously within three months from the date of receiving copy of this order.
:3:Parties shall appear before District Consumer Forum on 22-05-2017.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( MAHESH CHAND ) MEMBER Pnt.
[HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT