West Bengal

Birbhum

MA/26/2022

Shila Bhattacharya, - Complainant(s)

Versus

1. Life Insurance Corporation of India, represented by Manager, Ukhra Branch, - Opp.Party(s)

29 Sep 2022

ORDER

Smt. Sukla Sengupta.President.          

  The complainant/petitioner files a petition U/S 38 of the C.P Act 2019 is being registered treated as  M.A Case No. 26/2022.

The case is taken up for hearing of the substitution petition. From the content of the petition it appears that the original complainant Shila Bhattacharya has been demised on 07/03/2020 though the present petitioners namely Amit Sau Mondal and Avijit Sau Mondal sons of the original complainant let Shila Bhattacharya have been prayed for substitution of their name as the complainant in the place of Smt. Shila Bhattacharya since deceased.

            It is also stated in the petition that the original complainant Shila Bhattacharya died on 07/03/2020 living behind the petitioner name above as her legal heirs.

            Hence, it is highly require to substitute to the name of the petitioners in the pace of the deceased Shila Bhattacharya as complainant.

            The OP Insurance Company has contested the petition of substitution by filing a written objection denying the materials facts and stated that it has not mentioned of the substitutions petition filed by the complainant/petitioners that petitioners Amit Sau Mondal and Avijit Sau Mondal being the sons of deceased Shila Bhattacharya her only legal heirs.

            He further stated that the legal heirs certificate is require to prove that the present petitioners heard the only legal heirs of the deceased Shila Bhattacharya, in absence of the same the petition of not basis to stand upon thus the same is liable to be rejected.

           

 

In view of the discussions made above on careful consideration of the content of the petition for substitution to materials on record and the submission of the Ld. Advocate for both the sides this Commission is of opinion that it is categorically stated by the petitioners for the petition for the substitution that the legal heirs of the Shila Bhattacharya and as per present position of law they should gave the chance to proceed with the case being the legal heirs of the deceased.

            Hence, I do not find any reason to disbelieve the petitioner’s case and in my considered view there is no predicament to allow the prayer for substitution as prayed for by the petitioners.

            Hence,

                        Ordered,

                                    that the M.A being No. 26/2022 is thus allowed on contest with cost.

            The name of petitioners Amit Sau Mondal and petitioners Avijit Sau Mondal being the legal heirs deceased complainant Smt. Shila Bhattacharya replaced in the place of original complainant since deceased.

This is directed to register the same in the cause title of the petition of complaint and the petitioners are also directed to submit the petition amended complainant within the statutory period.

Thus the instant M.A. Case No. 26/2022 is disposed of.

            Fixed by 30/11/2022 for filing amended petition of complaint.