PAWAN PLASTICS Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) M/s. Pawan Plastics manufacture plastic goods in Industrial Area, Phase II, Chandigarh and possessed an insurance policy dated 12.8.1994 for a sum of Rs.4 lakhs. It appears that on 30.5.1995 there was an occurrence of fire which was re- ported to the police and in this regard a complaint was instituted in the District Forum, Union Territory, Chandigarh. The reply to that complaint was filed on 16.7.1996 and then it was fixed for filing of replication and adducing evidence of the complainant on 26.11.1996 but the complain- ant could not file the same and the case was again adjourned to 1.4.1997. On 1.4.1997 replication as well as evidence of the complainant was not present and the complaint was dismissed.

(2.) A perusal of the record shows that on 1.4.1997 the complainant himself was not present. In this appeal it has been argued that the complainant's Counsel could not appear un- avoidably and never knew that it was fixed for evidence much less that it was a last opportunity. The complainant contacted his Counsel and came to know about the dismissal subsequently. Though the present appeal has been opposed, yet after hearing and perusal of the record, we find that in the interest of justice it is a fit case that the complainant deserves an opportunity of leading and completing its evidence in the District Forum. Though the appeal has been opposed, yet in the interest of justice the impugned order dated 1.4.1997 is set aside. The parties shall appear before the District Forum-II, Union Territory, Chandigarh on 8.9.1997 where adequate opportunity shall be given for leading evidence to the complainant.

(3.) Announced. ORDER set aside.