NEW INDIA ASSURANCE COMPANY LIMITED vs ANAND PAL SINGH

-SRI Anand Pal Singh appears to have filed a complaint registered as No. 39/2003 which is pending before the District Consumer Forum-II, Moradabad in which the revisionist, the New India Assurance Company Limited, is the sole opposite party.

FROM the certified copy of the order sheet and also the impugned orders dated 27.9.2003 and 21.5.20004 some facts are ostensively clear which shall be referred to hereinafter. Normally in this revision notice may have gone to the complainant but in view of what is stated below such a course will be wastage of time and money of the complainant in asking him to come over to Lucknow and interest of justice will be fully safeguarded in dealing with this revision insofar as the rights of the complainant are concerned, hence notices are not going to him.

In the complaint, which was pending, time for filing written statement was granted to the revisionist which was delayed. Consequently on 27.9.2003 an application for time to file the same was moved by the revisionist. An ex parte order was passed on 27.9.2003 fixing 17.11.2003 for complainant''s evidence. The revisionist filed the written statement along with an application on 19.12.2003 which was accepted on payment of Rs. 100/- as cost to be paid before 26.12.2003. It is stated in the order dated 21.5.2004 that since the revisionist did not deposit Rs. 100/- by 26.12.2003 the order dated 19.12.2003 became automatically ineffective and consequently the earlier order to proceed ex parte stood automatically revived. It has further taken the view that written statement filed was no more to be accepted. Therefore, by the order dated 21.5.2004 the District Forum further directed that date 29.5.2004 be fixed for evidence of the complainant.

MR. Neeraj Palival argued that orders are bad on facts and are also illegal because it was passed only by the President. Without going into the niceties of the argument raised, Mr. Palival said that total costs amounting to Rs. 325/- shall be paid forthwith if so directed. The ex parte evidence of the complainant has been accepted. The written statement filed by the revisionist has not been examined because of the two impugned orders referred to above. It will be in the interest of justice that the revisionist be directed to pay Rs. 325/- in cash with the District Forum within three weeks from today. They will also pay another sum of Rs. 200/- as cost to be paid to the complainant for inconvenience caused to him by seeking adjournment on behalf of revisionist.

IT is thus hereby directed that if the aforesaid sum of Rs. 525/- is paid before the District Forum by the revisionist within three weeks from today, it shall be handed over to the complainant and the written statement filed by the revisionist shall be accepted as having been filed within time upon which the complainant shall be afforded opportunity to file rejoinder/replication, if any. If any further evidence is proposed to be filed by the complainant he will be given opportunity for the same. Thereafter the revisionist shall be given opportunity to file its evidence. IT goes without saying that the proceedings thereafter shall go on in accordance with law. The revision is, therefore, finally disposed of with the aforesaid directions. Let copy of this order be furnished to the parties within one week and a copy be sent to the District Forum concerned for service on the complainant. Revision disposed of.