LAWS(NCD)-2008-3-12

SASANKA MOHAPATRA Vs. NEW INDIA ASSURANCE COMPANY LTD

Decided On March 24, 2008
SASANKA MOHAPATRA Appellant
V/S
NEW INDIA ASSURANCE COMPANY LTD Respondents

JUDGEMENT

(1.) -THE petitioner did not appear despite a pass-over, during the hearing for admission.

(2.) THIS petition challenges the order dated 24. 10. 2007 of the Orissa State Consumer Disputes Redressal Commission, Cuttack (hereafter, the 'state Commission') in the cross-appeals mentioned above. By this order, the State Commission set aside the order dated 12. 4. 2004 of the District Consumer Disputes Redressal Forum, Cuttack (the 'district Forum') directing the respondent Insurance Company to pay a compensation Rs. 50,000 to the complainant (petitioner here ). In doing so, the State Commission observed, inter alia, that it was not legal for the District Forum to direct the Insurance Company to pay compensation to the complainant after holding that the latter was not guilty of any deficiency in service.

(3.) ONE of the main grievances of the petitioner is that the impugned order was passed by the State Commission without giving him an opportunity of being heard though he had filed an appeal before the State Commission praying for enhancement of the compensation awarded by the District Forum. From the order of the State Commission, it is clear that the learned Counsel for the Insurance Company was present and heard but "none appeared for the complainant".