State Consumer Disputes Redressal Commission
Oriental Insurance Co. Ltd. vs K. Naresh Kumar on 18 July, 2022
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Dt,18.7.2022 F:A.861/2007
Learned counsel for the appellant is present. Respondent is
absent.
This is an appeal filed by the Appellant insurance company challenging an ex-parte order dtd. l8-07-2007 passed by learned District Consumer Disputes Redressal Forum, Bolangir in C.D.Case No. 53/2007 (though given separately by the President and Member (w).
Heard the learned counsel appearing for the appellant. The case of the Complainant/Respondent is that he had purchased a vehicle bearing Regd. No. OR-03C-1020 being financed by Bolangir Anchalik Gramya Bank to maintain his livelihood. The said vehicle was insured with the opposite party for an assured amount of Rs.3,60,000/- on 14.11.2005 for one year. While the policy was in force, the vehicle was completely damaged by fire on 07.01 .2006 which was reported in the Town P. S Bolongir on the same day. The complainant lodged his claim before the O.Ps, but his claim was not settled for which he approached the Dist. Forum, Bolangir alleging deficiency in service on \L-, 2 the part of the O.Ps.
onreceiptofthenotice,theoppositePartyappearedthrough forum below but in spite of their counsel on 07.06. 2OO7 before the learned written version' On 06-09- several adjournments, they have not filed their 2OO7 the opp. Parly filed a petition for adjournment to file written version the opp' Party filed their but the said petition was rejected. on 13-09 -2007 below passed the order written version. on l4.g.zoo7, learned forum holding that the version filed by o.Ps can not be accepted and can not be order on 18-09-2007 considered and subsequently passed the impugned directing the Opp. Parties to pay Rs. 3,60,000/-
with interest @ l2oh pet annum from 04.05.2007 till payment ( by Hon'ble President)' The Members in a separate order has directed payment of Rs' 3'60'000/- with interest@|2%perannumw.e.f07.01.2006(dateofaccident)tilldateof payment along with cost of Rs'2,000/-' challengingthesaidex-parteorderofthelearnedforumbelow, this Commission praying the appellants have filed the present appeal before that the impugned ex-parte order passed by the learned forum below is aside, further stating that arbitrary and illegalrwhich is liable to be set although the written version was filed before the date of hearing' learned forum below has not considered the same' 3 Inspiteofnoticedt.03-12-2oo7anddt.27.05-2022ofthis appeared before this commission' has not commission the respondent WeperusedtheordersheetavailableinDFRandfoundthat 2oo7 granted time to ops as last chance to learned forum bel0w on 24_0g-
filewrittenversionbutlaterpassedanotherorderimposingcostofRs.500/-
version' on 06- to 06-09 -2007 for filing the matter on appellant and posted og.0oollearnedforumbelowheardthematterfromComplainantalthough thematterwaspostedforfilingversionbyoPsandpostedthemattertol4- og.zoo:fororders.Leamedcounselforappellantsubmittedthaton06-09. 2oo]learnedforumbelowrejectedtheapplicationfiledbyo.P. No.l/Appellantfortimeandgrantedonly5minutestimetoo.P.No'1for hearingandafterhearingtheComplainantpostedthecaseto14-09-2007 posted to 14.09-2007, |7-09-2007 and after matter was for orders. There orderwasdeliveredon16-10-200Tbymajority.Counselofappellant pointedoutthaton06.0g.zoolmatterwaspostedtol4.0g.2oo7andasthe complaintpetitionwasnotsupportedbyanyaffidavit,theComplainant of his complaint petition only on 12-09-2007 filed the affidavit in support (afteritwaspostedfororders)andon13-09-2oo7theo.P.No.1filedits \_1,-, \ I 1 4 1 I .t t' version but leamed forum below taking into consideration to the affidavit dtd. 12-09-2007 filed by Complainant has passed the final order but the written version was not considered by forum below although it was filed on t3-09-2007.
Further counsel for appellant submitted that learned forum below on 24-08-2007 granted time to file written version to O.P. No.l as last chance but again in another order on same day imposed cost of Rs.500/- which is not sustainable in the eye of law.
We have gone through the appeal memo and DFR and found that learned forum below has committed error of law and the impugned order is not sustainable in the eyes of law. The learned District Forum (now commission) has failed to appreciate the facts and law in its true perspective. In our considered opinion there is gross violation of principles of natural justice and the appellants are seriously prejudiced due to the same.
Hence, in the interest of justice, for just and proper adjudication of the case, we allow the appeal and set aside the impugned order of the learned forum below dtd. 18-09-2007 and remit back the \g^*, 5 matter to the forum below for fresh hearing after giving opportunity to both the parties subject to payment of cost Rs.10,000/- to the Complainant.
We make it clear that on payment of Rs. 10,000/- by the appellant Insurance Company to the Complainant, learned forum below shall take into record the written version of Appellants/Opp. Parties already filed on 13-09-2007 and shall dispose of the matter within two months from the date of receipt of this order, giving opportunity of hearing to both the Parties. The District Commission shall do well to dispose of the complaint within two months from the first date of hearing.
Both the parties are directed to appear before the learned District Forum, Bolangir on 26.09.2022.
Order be communicated to all Parties. Appeal is allowed. Costs as above.
Send back the DFR.
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(H .K.Mohanty) (D.K.
(Member) (Member)