State Consumer Disputes Redressal Commission
Life Insurance Corporation Of India vs Mukesh Kumar Aggarwal on 23 August, 2012
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 23.08.2012 First Appeal No. FA-12/734 Life Insurance Corporation of India Appellant Through its duly constituted attorney Manager(Legal & H.P.F.), Divisional Office-1, 25, Kasturba Gandhi Marg, New Delhi. Versus Shri Mukesh Kumar Aggarwal Respondent S/o Chandra Kailash Aggarwal, R/o Chandra Laxmi Hospital, Plot No. 337, Sector-4, Vaishali, Ghaziabad, Uttar Pradesh-201010. CORAM Justice Barkat Ali Zaidi President Ms. Salma Noor Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President (Oral)
1. In a complaint case bearing No. 864/11 filed by complainant Mukesh Kumar Aggarwal against the appellant OP. The OP absented himself on 17.5.12 which was fixed for his appearance and written version, and the District Forum ordered to proceed exparte against him fixing 8.8.12 for filing the exparte evidence by the complainant.
2. On our query, the counsel for the complainant Shri Abhisekh Nandan has informed us that now the matter is slated today for filing the exparte evidence by the complainant in the Forum.
3. It is against this exparte order that the appellant has come in appeal before this Commission.
4. We have heard Shri Abhisekh Nandan, counsel for the appellant at the stage of admission itself, as there appears no need to hear the respondent in this appeal.
5. It has been the consistent judicial policy to decide the case on merits rather than to dispose them exparte. The reason for non-appearance of the OP appellant before the Forum on 17.05.2012, when the complaint was called upon, given by the OP appellant before us is, that the notice for appearance on the OP was received by a Class III Employee in the Zonal Office who, without taking into account its importance, kept it lying within his drawer to place it for orders before the concerned officer while he should have forwarded it to the Divisional office, and thus, the non-appearance occurred, and the Forum ordered to proceed exparte against the OP appellant. There is no plausible reason to disbelieve this version of the appellant OP. The appeal is therefore allowed, and the exparte order passed by the Forum against the OP, is set aside subject to payment of costs of Rs. 1500/-, which the appellant will pay to the respondent on the next date of hearing.
6. Order dated 17.5.12 passed by the Forum to proceed exparte against the OP, is set aside and the District Consumer Forum is directed to take on record the written version of OP which the OP will file before the Forum on next date and will then decide the case on merits. The appellant OP, through his counsel, is directed to appear before the District Consumer Forum on the date fixed.
7. A certified copy of this order be sent to President, district Consumer Forum (North West) to place it on the record of the complaint case for information and compliance.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member ysc IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 23.08.2012 First Appeal No. FA-12/735 Life Insurance Corporation of India Appellant Through its duly constituted attorney Manager(Legal & H.P.F.), Divisional Office-1, 25, Kasturba Gandhi Marg, New Delhi.
Versus Shri Mukesh Kumar Aggarwal Respondent S/o Chandra Kailash Aggarwal, R/o Chandra Laxmi Hospital, Plot No. 337, Sector-4, Vaishali, Ghaziabad, Uttar Pradesh-201010.
CORAM Justice Barkat Ali Zaidi President Ms. Salma Noor Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President (Oral)
1. In a complaint case bearing No. 863/11 filed by complainant Mukesh Kumar Aggarwal against the appellant OP. The OP absented himself on 17.5.12 which was fixed for his appearance and written version, and the District Forum ordered to proceed exparte against him fixing 8.8.12 for filing the exparte evidence by the complainant.
2. On our query, the counsel for the complainant Shri Abhisekh Nandan has informed us that now the matter is slated today for filing the exparte evidence by the complainant in the Forum.
3. It is against this exparte order that the appellant has come in appeal before this Commission.
4. We have heard Shri Abhisekh Nandan, counsel for the appellant at the stage of admission itself, as there appears no need to hear the respondent in this appeal.
5. It has been the consistent judicial policy to decide the case on merits rather than to dispose them exparte. The reason for non-appearance of the OP appellant before the Forum on 17.05.2012, when the complaint was called upon, given by the OP appellant before us is, that the notice for appearance on the OP was received by a Class III Employee in the Zonal Office who, without taking into account its importance, kept it lying within his drawer to place it for orders before the concerned officer while he should have forwarded it to the Divisional office, and thus, the non-appearance occurred, and the Forum ordered to proceed exparte against the OP appellant. There is no plausible reason to disbelieve this version of the appellant OP. The appeal is therefore allowed, and the exparte order passed by the Forum against the OP, is set aside subject to payment of costs of Rs. 1500/-, which the appellant will pay to the respondent on the next date of hearing.
6. Order dated 17.5.12 passed by the Forum to proceed exparte against the OP, is set aside and the District Consumer Forum is directed to take on record the written version of OP which the OP will file before the Forum on next date and will then decide the case on merits. The appellant OP, through his counsel, is directed to appear before the District Consumer Forum on the date fixed.
7. A certified copy of this order be sent to President, district Consumer Forum (North West) to place it on the record of the complaint case for information and compliance.
(Justice Barkat Ali Zaidi) President (Salma Noor) Member ysc