Deliberate non-appearance and lack of sufficient cause for non-appearance can lead to dismissal of a revision petition.

ORDER

Veena Birbal, President. - Present revision petition has been filed against the order dated 18.5.17 passed by the Consumer Disputes Redressal Forum-X, Qutub Institutional Area, New Delhi (in short, the "District Forum") in CC No. 493 of 2014 whereby the petitioner/OP has been proceeded ex-parte.

2. A complaint under section 12 of the Consumer Protection Act, 1986 is filed by the respondent herein i.e. complainant before the District Forum alleging therein that her husband had taken a Life Insurance Policy for a secured sum of Rs. 10 lacs. Unfortunately her husband had died on 13.4.14 due to illness. After his death, she had filed a claim with petitioner/OP. The same was repudiated vide letter dated 7.6.14. Thereafter, she had filed a complaint before the District Forum for the grant of insurance claim of Rs. 10 lacs along with compensation.

3. It is stated that notice of aforesaid complaint was served to petitioner/OP for 8.4.2015. On the said date, one of the panel advocates of petitioner/OP appeared before the Ld. District Forum and matter was adjourned to 2.6.2015 for filing written statement. It is stated that on 2.6.2015, again the matter was adjourned for 28.9.2015 for filing written statement. However, petitioner/OP could not appear on the said date and was proceeded ex-parte. The said order was challenged before this Commission by filing revision petition on 21.3.2016 whereby the order dated 28.9.2015 was set aside and matter was remanded back to District Forum subject to payment of cost of Rs. 5,000/- to the respondent/complainant and for filing written statement and the parties were directed to appear before the District Forum on 9.1.2017.

4. It is stated that on 9.1.2017, the Counsel for the petitioner/OP was held up before another court as such had sent his colleague for appearing before the District Forum along with documents and written statement. However, his presence was marked and even written statement was taken on record. It is stated that on the said date, the case was adjourned to another date i.e. 23.3.2017. Nothing is stated as to what happened on the said date. It is stated that again on 18.5.2017, the Counsel for the petitioner/OP had sent his colleague for appearance before the District Forum along with written statement but his presence was marked and petitioner/OP was again proceeded ex-parte on the said date.

5. It is stated that Counsel for the petitioner/OP could appear on 18.5.17 as he had to appear in another matter in Tis Hazari Court. It is further stated that the petitioner/OP has a good case on merits. It is stated that non-appearance was due to reasons given above. It is stated that non-appearance was neither intentional nor deliberate but for the reasons given above. It is prayed that the impugned order be set aside and petitioner/OP be given an opportunity to file reply and to defend its case on merits. Respondent/complainant is present in person and has strongly opposed the petition.

6. Respondent/complainant has submitted that the complaint was filed before the District Forum for the grant of insurance claim of her deceased husband in the year 2014 and till date even written statement has been filed. It is submitted that the petitioner/OP is in the habit of appearing in the matter and intentionally causing the delay. She further submits that earlier also the petitioner/OP was proceeded ex-parte by the Ld. District Forum vide order dated 28.9.2015. The said order was challenged by filing a revision petition i.e. R.P. No. 58 of 2016 before this Commission. The said petition was allowed and the matter was remanded back to District Forum for filing written statement as well as payment of cost of Rs. 5,000/- to respondent/complainant. It is stated that till date petitioner/OP has paid cost to her. It is further submitted that to cause further delay in the matter, the petitioner/OP again did appear for three consecutive dates. It is further submitted that grounds alleged for non-appearance a