Raghu Shyam Raj Goud... v. 1. Bajaj Alianz Life...

And 1.Bajaj Allianz Life Insurance Company Ltd., Rep. by its Manager, Branch Office, MPDO Shopping Complex,

Beside Deccan Gramina Bank,

Collectorate Chowk, Adilabad,

Adilabad Dist.

2. Bajaj Allianz Life Insurance Company Ltd., Rep. by its Managing Director,

2^ndFloor HMR Complex, 30 & 40 Gokul First Stage, 2^ndPhase, HMT Main Road, Mathikere, Bangalore, Karnataka-560 054. Respondents/ Opp.parties

Counsel for the Appellant : M/s. V.Gowrisankar Rao Counsel for the respondents : Mr. Srinivas Karra QUORUM: SMT. M.SHREESHA, HON'BLE INCHARGE PRESIDENT,

AND

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SRI S.BHUJANGA RAO, HON'BLE MEMBER.

FRIDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER,

TWO THOUSAND THIRTEEN .

Oral Order: (Per Sri S.Bhujanga Rao, Hon'ble Member) ***

The appellant/complainant preferred this appeal against the order dt. 19.6.2013 of the District Forum Adilabad made in C.C.No.96/2012, whereunder the District Forum dismissed the complaint for default. The appellant/complainant filed C.C.No.96/2012 against the respondents/opp.parties, seeking direction to the opposite parties, to pay a sum of Rs.29,550/- with interest at 18% p.a. from the date of discharge from the hospital till realisation and to pay Rs.50,000/- towards compensation and to pay costs of the complaint. In the present complaint, notices were issued to on both the opposite parties and they filed their written versions on 21.3.2012. Since then the matter was coming for filing proof affidavit of the complainant and the case was adjourned for filing proof affidavit of the complainant to 19.6.2013, on which date the complaint was dismissed for default, as the complainant was called absent and there was no representation on behalf of the complainant.

The contention of the appellant/complainant is that there was no Quorum for a long period and a single Member used to give adjournments only. That the Family Court Judge Sri A.Jayaraj was placed on full additional charge of the President of the District Forum and he sat for the first time on 19.6.2013 and on the same day the District Forum did not sit till 4.45 p.m. and at 4.45 p.m. the bench dismissed seven different complaints on the same day for default. Thus, there is material irregularity and illegality in conducting proceedings, as per the convenience, without the knowledge and information to the concerned advocates and parties, before passing adverse orders. Therefore, the impugned order is liable to be set

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aside. We are not inclined to go into the truth and otherwise of the contention of the appellant. The complaint was posted from time to time for filing proof affidavit of the complainant and it was posted to 19.6.2013 for the said purpose, on which date, the impugned default order was passed by the District Forum.

In view of the contention of the appellant/complainant and having regard to the principles of natural justice and equity, we are inclined to set aside the impugned order of the District Forum, to give one more chance to the complainant to prove his case as stated in the complaint. In the result, the appeal is allowed, the impugned order of the District Forum is set aside. The District Forum is directed to restore the complaint to file. The complainant and opposite parties are directed to appear before the District Consumer Forum, Adilabad on 21.10.2013 and the complainant to file proof affidavit on that day, without insisting for any notice. In the circumstances of the case , there shall be no order as to costs.

INCHARGE PRESIDENT

MEMBER

Pm* Dt. 27.9.2013

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[HONABLE MRS. M.SHREESHA]

PRESIDING MEMBER

[HON'ABLE MR. S. BHUJANGA RAO]

MEMBER

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