Delhi

StateCommission

RP/43/2019

LIC OF INDIA - Complainant(s)

Versus

KHUSHBOO RANA - Opp.Party(s)

27 Jan 2020

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

Revision Petition No.43/2019

(Arising out of the order dated 29.08.2018 passed in Complaint Case No.126/2018 by the District Consumer Disputes Redressal Forum- (III), Janak Puri, New Delhi)

 

 

LIC of India                                                                              … Petitioner

 

Versus

 

Mrs. Khushboo Rana                                                               … Respondent

 

 

BEFORE:

Ms. Salma Noor, Presiding Member

 

For the Petitioner:	Mr. Chaitanya, Counsel for Petitioner.
For the Respondent	Mr. Pawan Kumar, Husband of Respondent

 

 

Dated: 27^th January, 2020

 

ORDER

 

Ms. Salma Noor, Presiding Member

 

 

                   By way of this revision petition prayer is made for recalling of the order dated 29.08.2018 passed by the Consumer Disputes Redressal Forum-(III), Janak Puri, New Delhi in CC No.126/2018 whereby the petitioner/OP has been proceeded ex-parte.

                 There is an application filed by the petitioner/OP seeking condonation of delay of 265 days in filing the present petition.

                 It is stated by the counsel for petitioner/OP that due to multiplicity of litigation between the parties the officers of the OP were under the impression that it pertains to some old case, for which the papers have already been sent to legal department. It is further stated that in absence of summons received by the legal department of OP the matter remained unrepresented and OP was proceeded ex-parte.

                 On 04.04.2019 when the official of petitioner/OP was going through the cause list he came to know about the present complaint. Thereafter, the counsel was directed to inspect the file and apply for certified copy of the order which was made available on 22.05.2019. It is stated that non appearance on 29.08.2018 was due to bonafide mistake. Averments made in the petition are supported with the affidavit of Manager Legal of the petitioner/OP.

                 In view of the above I find no reason to disbelieve the petitioner/OP accordingly, the delay in filing the present petition stands condoned. Application stands disposed of.

                 With the consent of the parties arguments heard on revision petition.

                 After some arguments, the husband of respondent/complainant states that for effective disposal of the case on merits, respondent/complainant has no objection if the delay in filing the present petition is condoned and petitioner/OP is allowed to contest the case on merits and prayer made in the petition be allowed subject to payment of costs.

                 In view of the reasoning given as well as with the consent of the respondent/complainant, and keeping in mind the interest of justice as well as for effective disposal of the case on merits, I condone the delay in filing the present revision petition subject to payment of costs of Rs.10,000/- and accept the present petition, set aside the impugned order subject to payment of further costs of Rs.10,000/- to the respondent/complainant.

                 Parties are directed to appear before District Forum on 27.02.2020. On the said date the petitioner/OP shall pay total costs of Rs.20,000/- and respondent/complainant shall also file its written  statement. Thereafter, District Forum shall proceed in the matter in accordance with law.

                 File be consigned to Record Room.

 

 

(Salma Noor)

Presiding Member

Tri