Dila Ram Sharma v. General Manager/Claim Officer The New India Assurance Company Ltd.
2020-01-07
P.S.RANA, R.K.VERMA, SUNITA SHARMA
body2020
DigiLaw.ai
ORDER : P.S. Rana, President 1. Heard. Present appeal is filed against order dated 26.09.2019 passed by learned DCF/DCC Bilaspur (H.P.) in Consumer Complaint No. 79/2018 titled Sh. Dila Ram v. General Manager/Claim Officer The New India Assurance Company Ltd., wherein learned DCF/DCC Bilaspur (H.P) dismissed consumer complaint in default. 2. Learned Advocate appeared and filed power of attorney of Mr. Jagdish Thakur Advocate on behalf of respondent same is taken on record. 3. Learned Advocate appearing on behalf of respondent submitted before State Commission that respondent has no objection if order dated 26.09.2019 passed by learned DCF/DCC Bilaspur (H.P.) in Consumer Complaint No. 79/2018 is set aside subject to payment of costs. Separate statement of learned Advocate recorded and placed on record. State Commission is of opinion that it is expedient in the ends of justice and on principles of natural justice that present consumer complaint should be disposed of on merits after hearing parties on merits. State Commission is of opinion that no prejudice will be caused to opposite party because due opportunity will be given to opposite party to adduce evidence and address arguments before learned DCF/DCC and opposite party will be compensated with heavy costs. 4. In view of above stated facts order dated 26.09.2019 passed by learned DCF/DCC Bilaspur (H.P.) in Consumer Complaint No. 79/2018 is set aside subject to payment of costs to the tune of Rs. 3000/- (Three Thousand) by complainant to opposite party. After payment of costs consumer complaint will be restored to its original number. 5. Complainant shall pay costs to the opposite party before learned DCF/DCC Bilaspur (H.P.). Be listed before learned DCF/DCC Bilaspur (H.P.) on 23.01.2020. Observations shall not effect merits of consumer complaint in any manner. Learned DCF/DCF Bilaspur (H.P) shall dispose of consumer complaint within three months after receipt of certified copy of order strictly as per laws and proved facts because proceedings under Consumer Protection Act are time bound proceedings. 6. Learned DCF/DCC Bilaspur (H.P) shall issue notices to learned Advocates engaged by parties before learned DCF/DCC. Certified copy of order be sent to learned DCF/DCC Bilaspur (H.P) for compliance forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of cost strictly as per rules. F.A. No. 352/2019 is disposed of. Pending applications if any also disposed of.