ORIENTAL INSURANCE COMPANY LIMITED Vs. SAVIKAR PLYBOARDS LIMITED

JUDGEMENT

(1.) This order will dispose of three appeals bearing Nos.131, 132 and 133 all of 2003 which arise from the order of the District Consumer Disputes Redressal Forum-II (for short hereinafter referred to as the District Forum) dated 24.1.2003 filed by the Oriental Insurance Company Limited (for short hereinafter referred to as the Insurance Company) and Anr. The complaint was filed by Savikar Plyboard Limited, which were registered at Nos.399, 400 and 401 all of 2002.

(2.) The learned Counsels for the appellant as well as the respondent contended that these three appeals involved common question of fact and law and thus be heard together and decided by a common judgment. Accordingly, we have heard the bunch of three appeals referred to above, which are being decided by this order, which is being delivered in Appeal No.131 of 2003.

(3.) The main grievance of the appellant is that the District Forum rejected the prayer of the appellant to file the written statement and evidence in support of the contention on the ground that the prescribed period of time had lapsed. The District Forum while declining the prayer placed reliance on the case of Dr. J. J. Merchant and Ors. V/s. Shrinath Chaturvedi, 2002 3 CPJ 8. Resultantly, there was no defence version placed in the complaint case on behalf of the appellant and the only version, which was before the District Forum, was that of the respondent/complainant and only evidence led by the complainant was on record.