Karnataka

StateCommission

A/181/2018

M/s Royal sundaram General Insurance Co. Ltd., - Complainant(s)

Versus

D.N.Basavaraj - Opp.Party(s)

Manoj Kumar.M.R.

28 Feb 2022

ORDER

 

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE

 

DATED THIS THE 28^TH DAY OF FEBRUARY 2022

 

PRESENT

 

HON’BLE Mr. JUSTICE HULUVADI G. RAMESH    : PRESIDENT

MR. K. B. SANGANNAVAR                                : JUDICIAL MEMBER

 

Appeal No. 181/2018

 

M/s. Royal Sundaram General Insurance Co. Ltd. Rep. by its Authorised Signatory, Claim's office at Subramaniam Building, 2nd floor, No.1, Club House Road, Annasalai, Chennai-600002 (By Sri. Manoj Kumar M.R.) V/s	……Appellant
D.N. Basavaraj S/o. Late D. Nagappa, R/at Yare Budihalu, Nittur Post, Harihara Tq., Davanegere Dist. - 577530 (By Sri. M.G. Kantharajappa)	..…Respondent

 

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G. RAMESH, PRESIDENT

This is an appeal filed against the order dated 27.07.2017 passed in C.C.No.1688/2015 on the file of III District Consumer Disputes Redressal Forum, Bangalore.

2. Heard counsel for appellant.  Perused the appeal memo and the impugned order.
3. The OP is in appeal against the ex-parte order.  Earlier although matter was contested before the Bellary Commission, subsequently said complaint was returned for want of jurisdiction.  Once again complaint came to be filed before the III Additional Bangalore District Forum.  In this case though notice served on the other side, matter was not contested.  In such circumstances, the contention taken by the appellant could not be appreciated.  Any how to enable appellant/OP to participate in the complaint case, an opportunity is given by imposing costs of Rs.10,000/- to be paid to the Consumer Welfare Fund of State Commission.  Accordingly, the appeal is allowed and the impugned order is set aside. The matter is remanded to the District Commission to afford opportunity to both parties and to dispose of the matter on merits within three months from the date of receipt of this order.
4. The appellant/OP is directed to pay Rs.10,000/- to Consumer Welfare Fund of State Commission.
5.  Amount in deposit is directed to be transferred to the District Commission for needful.

 

        JUDICIAL MEMBER                           PRESIDENT

CV*