State Consumer Disputes Redressal Commission
Oriental Insurance Co. Ltd. vs Smt. Seeto Devi. & Anr. on 16 September, 2019
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA
Revision Petition No.: 51/2019
Date of Presentation: 25.07.2019
Date of Order : 16.09.2019
......
Oriental Insurance Company Ltd. D.O-3
4E/14/Azad Bhawan Jhandewala Extn.
New Delhi-55 through its Divisional Manager.
...... Revisionist/opposite party No. 2.
Versus
1. Smt. Seeto Devi W/o Sh. Pritam Singh
R/o Village Dhana P.O. Bhatian Tehsil Nalagarh
District Solan H.P.
......Non-revisionist No.1/complainant
2. Punjab National Bank having its
Main Branch at Nalagarh Tehsil Nalagarh
District Solan (H.P) through its Branch Manager.
......Non-revisionist No.2/Opposite party No.1.
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 Revis ionist : Mr. C.M.Verma Advocate.
For Non-revision ist No.1 : Ex-p arte.
For Non-revision ist No.2 : Mr. Jitender K.Ranote Advocate.
JUSTICE P.S. RANA (R) PRESIDENT :
O R D E R:-
1. Present revision petition is filed by revisionist/opposite party No.2 against interim order dated 26.06.2019 passed by learned District Consumer Commission Solan (H.P) in consumer complaint No. 1 Whether reporters of the local papers may be allowed to see the order? Yes.
Oriental Insurance Company Ltd. Vs. Smt. Seeto Devi & Anr. R.P. No. 51/2019 31/2019 titled Smt. Seeto Devi Versus Punjab National Bank and Anr. wherein learned District Consumer Commission did not take on record version of opposite party No.2 on the ground that version not filed within 45 (Forty five) days from the date of service stipulated under Consumer Protection Act.
2. As per registry report non-revisionist No.1 is served. None appeared on behalf of non-revisionist No.1 despite service. Non-revisionist No.1 is proceeded ex-parte.
3. Learned Advocate appearing on behalf of Non- revisionist No.2 submitted before State Commission that non- revisionist No.2 has no objection if revision petition is allowed subject to payment of costs. Separate statement of learned Advocate appearing on behalf of non-revisionist No.2 recorded and placed on record.
4. Matter relating to taking version after expiry of 45 (Forty five) days is lis pendens before Hon'ble Constitutional Bench of Hon'ble Apex Court of India as of today. During the pendency of lis pendens issue before Hon'ble Apex Court of India Hon'ble Apex Court and Hon'ble National Commission have allowed opposite party to file version beyond 45 (Forty five) days from the date of service. See 2017 (2) CPR 592 NC titled Neptune Venture Developers (P) Ltd. versus Shailash Tripathi. See Civil Appeal No. 2365 of 2017 decided on 10.02.2017 by Hon'ble Apex Court of India titled Reliance General Insurance 2 Oriental Insurance Company Ltd. Vs. Smt. Seeto Devi & Anr. R.P. No. 51/2019 Company Ltd. & others versus M/s Mapee Timbers & Hardware Pvt. Ltd. & others.
5. State Commission is of opinion that it is expedient in the ends of justice and on principles of natural justice to allow revisionist/opposite party No.2 to file version before learned District Consumer Commission after expiry of 45 (Forty five) days subject to costs in view of rulings cited supra. State Commission is of opinion that no prejudice will be caused to complainant because due opportunity will be granted to complainant to adduce evidence and address arguments before learned District Consumer Commission and complainant will be compensated with costs. In view of above stated facts revision petition is allowed and interim order passed by learned District Consumer Commission dated 26.06.2019 is set aside and revisionist/opposite party No.2 is allowed to file version before learned District Consumer Commission after expiry of 45 (Forty five) days subject to payment of costs to the tune of Rs.10000/- (Ten thousand). Revisionist shall pay costs to complainant before learned District Consumer Commission.
6. Be listed before learned District Consumer Commission Solan (H.P) on date 25.10.2019. Observations shall not effect merits of consumer complaint in any manner. Learned District Consumer Commission shall dispose of 3 Oriental Insurance Company Ltd. Vs. Smt. Seeto Devi & Anr. R.P. No. 51/2019 consumer complaint within two months after receipt of copy of order because proceedings under Consumer Protection Act are time bound proceedings. Learned District Consumer Commission shall issue notices to learned Advocates engaged by the parties before learned District Consumer Commission. Certified copy of order be sent to learned District Consumer Commission (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.
16.09.2019 *SS* 4