ORIENTAL INSURANCE CO. LTD. Vs. DEV KUMAR KURDAN

JUDGEMENT

(1.) IN a complaint case bearing No. 281/10 filed by respondent complainant Dev Kumar Kurdan against the OP Oriental Insurance Co. Ltd., the OP did not appear on 17.10.11, and also did not produce any receipt of the deposit of costs, and the Trial Forum ordered to proceed exparte against him, and also struck off his defence. The OP Oriental Insurance Co. thereafter filed an application for setting aside the exparte order, which the District Forum(Central), Kasmiri Gate, Delhi dismissed on the ground, that they have no jurisdiction to review their order.

(2.) THAT is what brings the OP revisionist in revision before this Commission.

(3.) IT has been the consistent judicial policy of the courts to adopt an attitude of leniency, in dealing with applications of such nature, because the purpose of law is fulfilled, only when both parties are heard and the case is decided on merits. The appellant OP has already filed the written version and is prepared to pay the costs saddled by the District Forum on him on the date already fixed(16.5.12) in the complaint case before the District Forum. The revisionist OP has said that he had gone to Tis Hazari Court in some other matter and reached the Forum one hour late, after the proceedings of the complaint case were over and he was advised to proceed exparte. It would be appropriate to treat the version of the revisionist as genuine, and we would therefore allow the revision compensating the respondent complainant for harassment and inconvenience by imposing costs of Rs. 1500/ - on the revisionist payable within 30 days from today to the complainant, failing which this order shall stand automatically vacated, and this revision will stand dismissed.