UNITED INDIA INSURANCE CO LTD vs Pawan Kumar S/O Kartar Singh

THIS revision petition has been filed by the petitioner against the order dated 4.9.2013 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, ''the State Commission'') in Appeal No. 242/9 United India Insurance Co. Ltd. Vs. Pawan Kumar and Ors. by which, appeal was dismissed in default.

BRIEF facts of the case are that complainant/respondent filed complaint before District Forum and learned District Forum vide order dated 17.2.2009 allowed complaint and directed OP/petitioner to pay Rs.4,99,000/ - to the complainant along with Rs.1,00,000/ - for mental agony and Rs.10,000/ - towards cost of litigation. OP filed appeal which was earlier dismissed in default and this Commission vide order dated 18.10.2011 restored appeal subject to cost of Rs.25,000/ -. Again appeal was dismissed in default as well on account of non -payment of cost of Rs.1,000/ - on 4.9.2013 against which, this revision petition has been filed.

HEARD learned Counsel for the parties and perused record. Learned Counsel for the petitioner submitted that his electric diary was corrupted and file was wrongly placed with the bundle of 16.9.2013, so, could not appear on due date before State Commission; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that earlier also appeal was dismissed in default which was restored by this Commission and petitioner is in the habit of making default in appearing before State Commission and paying cost; hence, revision petition be dismissed.

LEARNED Counsel for the petitioner submitted that as his electric diary was corrupted and file was placed in the bundle of 16.9.2013, he could not appear before State Commission on 4.9.2013. This is apparently sufficient ground for non -appearance on 4.9.2013 and in such circumstances, revision petition should be allowed subject to cost.

AS far non -payment of Rs.1,000/ - as cost is concerned, learned Counsel for the petitioner submitted that cheque dated 23.4.2013 in favour of the respondent was received by him, but as case was fixed for 4.9.2013 and by that time cheque had become outdated, petitioner intended to pay amount of cost in cash. As petitioner did not appear on 4.9.2013 before State Commission, cost also could not be paid.

NO doubt, State Commission rightly dismissed appeal on account of non -appearance and default in making payment of cost, but as appeal has been dismissed in default, I deem it appropriate to restore it subject to cost.

CONSEQUENT LY , revision petition filed by the petitioner is allowed and impugned order dated 4.9.2013 passed by the State Commission in Appeal No. 242/9 United India Insurance Co. Ltd. Vs. Pawan Kumar and Ors. is set aside subject to cost of Rs.10,000/ - to be paid to Respondent No. 1/Complainant on or before next date before State Commission along with Rs.1,000/ - which was to be paid by the petitioner on 4.9.2013.

PARTIES are directed to appear before State Commission on 9.1.2015.