State Consumer Disputes Redressal Commission
1.The Oriental Insurance Company Ltd., ... vs Mr. Ritesh Gupta Son Of Late Shri ... on 19 February, 2014
STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA Revision Petition No.01 of 2014 Date of Institution: 08.01.2014 Date of Decision: 19.02.2014 1. The Oriental Insurance Company Ltd., Divisional Office, 4 BP, Bata Chowk, NIT, Faridabad-121001. 2. The Oriental Insurance Company Ltd., SCO 109-111, Sector-17, Chandigarh. Petitioners (Opposite Parties) Versus Mr. Ritesh Gupta son of late Shri Ravinder Gupta, Resident of H.No.3D/48A, BP, Bata Chowk, NIT, Faridabad-121001. Respondent (Complainant) CORAM: Honble Mr. Justice Nawab Singh, President. Mr. B.M. Bedi, Judicial Member. Mrs. Urvashi Agnihotri, Member. Present: Mrs Swatantar Kapoor, Advocate for petitioners. Shri Raman Kalia, Advocate for respondent. O R D E R
Justice Nawab Singh, President (Oral):
This revision petition has been filed against the order dated November 25th, 2013 passed by District Consumer Disputes Redressal Forum, (for short District Forum), Faridabad, whereby an application filed for setting aside exparte order dated July 20th, 2012 was dismissed.
2. Ritesh Gupta-complainant (respondent herein) filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum alleging deficiency in service on the part of the opposite parties (petitioners herein) for not paying the insurable benefits with respect to the expenses incurred on the treatment of his wife-Smt. Ruchi Gupta who was insured with the opposite parties.
3. Despite service, the petitioners did not appear and were proceeded exparte vide order dated July 20th, 2012.
4. The application filed by the petitioners for setting aside the exparte order was dismissed by the District Forum vide order dated November 25th, 2013.
5. Learned counsel for the petitioners has urged that an opportunity be granted to the petitioners to file written statement and contest the complaint.
6. The case is at initial stage. It is well settled principle of law that no party should ordinarily be denied the opportunity of participating in the process of justice dispensation. Therefore, this Commission deems it appropriate to allow the petitioners to contest the complaint.
7. Accordingly, this revision petition is accepted and the orders dated July 20th, 2012 and November 25th, 2013 are set-aside subject to the cost of Rs.2,000/- to be paid to the complainant before the District Forum on the date fixed, that is, March 14th, 2014. Consequently, the petitioners are accorded one opportunity to file written statement and join the proceedings.
8. The parties are directed to appear before the District Forum, Faridabad on March 14th, 2014, the date already fixed.
9. Copy of this order be sent to the District Forum forthwith.
Announced:
19.02.2014 (Urvashi Agnihotri) Member (B.M. Bedi) Judicial Member (Nawab Singh) President CL