[Cites 5, Cited by 0]
Delhi High Court
R K Sharma vs Oriental Insurance Co. Ltd. Through ... on 18 March, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 3850/2025
Date of Decision: 18.03.2026
IN THE MATTER OF:
R K SHARMA .....Petitioner
Through: Mr. V.P. Sharma, Advocate.
versus
ORIENTAL INSURANCE CO. LTD. THROUGH REGIONAL
MANAGER RO 1 AND ORS
.....Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The grievance raised by the petitioner is two-fold--first, that no
opportunity of hearing was extended before the impugned order dated
31.07.2023 was passed by the National Consumer Dispute Redressal
Commission („NCDRC‟); and second, that the order was passed by a Bench,
which was coram non-judice.
2. So far as the submission with respect to the order being passed by a
Bench, which was coram non-judice is concerned, this Court in the case of
Sita Devi v. Punjab National Bank1 has held as under:-
2026:DHC:2001.
Signed By:NEHA CHOPRA Signed
Signing Date:24.03.2026 By:PURUSHAINDRA
11:45:34
KUMAR KAURAV
"A perusal of the relevant provisions of the Consumer Protection Act,
2019 (CPA, 2019) and the Consumer Protection (Consumer Commission
Procedure) Regulations, 2020 (Regulations, 2020) indicate that as per
the statutory scheme, the proceedings of the National Commission may
be conducted by Benches comprising of a single-member, who is a
judicial member. What follows is that, single-member Benches
comprising of a judicial member may hear appeals and pass orders."
Thus, this submission of the petitioner is liable to be rejected.
3. However, the position taken by the petitioner, that it not being granted
an opportunity of hearing, remains uncontroverted. There is no material
available on record to indicate that the petitioner was granted any
opportunity of hearing.
4. The Supreme Court in Biecco Lawrie Ltd. and Anr. v. State of West
Bengal and Anr.,2 has observed that both sides in a dispute being heard is
fundamental to fair procedure. Notice being required to be served was
further considered as an essential ingredient of fair hearing. The material
portion of the judgement reads as under:
"24. It is fundamental to fair procedure that both sides should be heard--
audi alteram partem i.e. hear the other side and it is often considered that it
is broad enough to include the rule against bias since a fair hearing must be
an unbiased hearing. One of the essential ingredients of fair hearing is that
a person should be served with a proper notice i.e. a person has a right to
notice. Notice should be clear and precise so as to give the other party
adequate information of the case he has to meet and make an effective
defence. Denial of notice and opportunity to respond result in making the
administrative decision as vitiated."
5. In Canara Bank v. V.K. Awasthy,3 the Supreme Court in eloquent
terms described adherence to principle of natural justice to be of "supreme
(2009) 10 SCC 32.
(2005) 6 SCC 321.
Signed By:NEHA CHOPRA Signed
Signing Date:24.03.2026 By:PURUSHAINDRA
11:45:34
KUMAR KAURAV
importance" when actions involving civil consequences are involved. Para.
10 of the said decision is extracted as under:
"10. The adherence to principles of natural justice as recognised by all
civilised States is of supreme importance when a quasi-judicial body
embarks on determining disputes between the parties, or any administrative
action involving civil consequences is in issue. These principles are well
settled. The first and foremost principle is what is commonly known as audi
alteram partem rule. It says that no one should be condemned unheard.
Notice is the first limb of this principle. It must be precise and unambiguous.
It should apprise the party determinatively of the case he has to meet. Time
given for the purpose should be adequate so as to enable him to make his
representation. In the absence of a notice of the kind and such reasonable
opportunity, the order passed becomes wholly vitiated. Thus, it is but
essential that a party should be put on notice of the case before any adverse
order is passed against him. This is one of the most important principles of
natural justice. It is after all an approved rule of fair play. The concept has
gained significance and shades with time. When the historic document was
made at Runnymede in 1215, the first statutory recognition of this principle
found its way into the "Magna Carta". The classic exposition of Sir Edward
Coke of natural justice requires to "vocate, interrogate and adjudicate". In
the celebrated case of Cooper v. Wandsworth Board of Works the principle
was thus stated: (ER p. 420)
"[E]ven God himself did not pass sentence upon Adam before he was
called upon to make his defence. „Adam‟ (says God), „where art thou?
Hast thou not eaten of the tree whereof I commanded thee that thou
shouldest not eat?"
Since then the principle has been chiselled, honed and refined, enriching its
content. Judicial treatment has added light and luminosity to the concept,
like polishing of a diamond."
6. The Supreme Court in the case of PC Jain v. Dr. RP Singh4 has also
set aside an ex-parte order passed by the National Commission on a review
application, without issuing notice.
7. In light of the facts of the instant case and the law discussed above,
the Court, instead of going into the merits of the matter, deems it appropriate
to set aside the same only on this ground alone.
(2024) 11 SCC 721.
Signed By:NEHA CHOPRA Signed
Signing Date:24.03.2026 By:PURUSHAINDRA
11:45:34
KUMAR KAURAV
8. Accordingly, the impugned order is set aside and the matter is
remitted back to the respondent to decide afresh after extending opportunity
of hearing to the petitioners. If the petitioner, thereafter, is aggrieved by the
said order, he shall be at liberty to take appropriate recourse in accordance
with law.
9. Pending application also stands disposed of.
PURUSHAINDRA KUMAR KAURAV, J
MARCH 18, 2026
Nc
Signed By:NEHA CHOPRA Signed
Signing Date:24.03.2026 By:PURUSHAINDRA
11:45:34
KUMAR KAURAV
