Date of filing :25.01.2022 Date of order :28.02.2022 MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION,MUMBAI, BENCH AT AURANGABAD REVISION PETITION NO. : 03 OF 2022 IN COMPLAINT CASE NO.: 168 OF 2021 DISTRICT CONSUMER FORUM : JALNA.

The National Insurance Company Ltd,.

Through its Manager, Latur.

Hanuman Chowk, Malu Building Latur, Through its Divisional Office, Hazari Chambers, Padampura, Railway Station road, Aurangabad. Rev. Petitioner.

VERSUS Harshita Haresh Agrawal, Minor undr Guardianship of Fater Haresh s/o Sadashiv Agrawal, r/o Near Santoshi Mata Mandir, Gopikishan Nagar, Jalna RESPONDENT CORAM :Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

Mr.K.M.Lawande, Hon’ble Member.

Present : Adv.S.V.Kulkarni for appellant, Respondent absent.

J U D G M E N T

(Delivered on 28/02/2022)

Per Smt.S.T.Barne, Hon’ble Presiding Judicial Member.

1. The Rev. Petitioner National Insurance Company Ltd,. has preferred this Rev. Petition against the order passed by District Consumer Commission, Jalna in C.C.No. 168/2021, to proceed the complaint ex-parte against the appellant who is opponent before District Consumer Commission in the said matter.

2. It is the contention of the Rev. Petitioner that, the respondent Harshita Agrawal has filed C.C.No. 168/2021 before District Consumer Commission, Jalna on 2.8.2021. The date of appearance of the Rev. Petitioner was shown as 20.10.2021, on that date service report was not available. Hence, matter was proceeded on 25.11.2021. On that day Rev. Petitioner could not give appearance, as the office of Rev. Petitioner is at Jalna, notice has been issued at Div. Office, Aurangabad due to lack of staff and out of pandemic situation out of Covid-19 appearance could not be given on 25.11.2021. The District Consumer Commission pleased to pass the order to proceed ex-parte due to absence of opponent on that day. Therefore, Rev. Petitioner has filed an application on 13.1.2022 before District Consumer Commission for setting aside ex-parte order, however, said application is also rejected by District Consumer Commission on 13.1.2021. Hence, this Revision.

3. The respondent though served with notice of the Revision petition remained absent.

4. This Revision is for setting aside ex-parte order and body corporate dealing with Insurance business and public money is involved. Moreover, the order of proceeded ex-parte is passed during pandemic period. The District Consumer Commission ought to have consider this aspect while passing the order. Even his application for setting aside the order is rejected, as the same is not covering under Revision. In the case there is no deliberate absence of Rev. Petitioner. The application is also not delayed for setting aside the ex-parte order. Hence, in the aforesaid circumstances it is necessary to give opportunity to the Rev. Petitioner to proceed with the matter on merits. Hence, the order passed by District Consumer Commission to proceed ex-parte and rejecting application needs to be set aside.

Hence, the order.

ORDER

1. The order dated 25.11.2021 in C.C.No.168/2021 passed by District Consumer Commission, Jalna is hereby set aside.

2. The order dated 13.1.2022, rejecting the application for setting aside order dated

25.11.2021 is also set aside.

3. The Rev. Petitioner to appear before District Consumer Commission, Jalna on the next date fixed in the matter.

4. The District Consumer Commission, Jalna to accept the written statement of the opponent and to proceed with the matter in accordance with law.

5. Inform the District Consumer Commission, Jalna and parties accordingly.

Mr.K.M.Lawande Smt.S.T.Barne, Member Presiding Judicial Member UNK