West Bengal

Burdwan

MA/65/2022

Mrs Lilabati Hemram - Complainant(s)

Versus

Ageas Federal Life Insurance CO.Ltd. & Ors. - Opp.Party(s)

Debdas Rudra

23 Sep 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
166 Nivedita Pally, G.T. Road, P.O. Sripally,
Dist Purba Bardhaman - 713103
WEST BENGAL
 
Miscellaneous Application No. MA/65/2022
( Date of Filing : 09 Sep 2022 )
In
Complaint Case No. CC/185/2022
 
1. Mrs Lilabati Hemram
Burdwan
...........Appellant(s)
Versus
1. Ageas Federal Life Insurance CO.Ltd. & Ors.
Mumbai
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. MD. Muizzuddeen PRESIDENT
 HON'BLE MRS. Lipika Ghosh MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 23 Sep 2022
Final Order / Judgement

Order  Date:  23 .09.2022

 

 

Today is fixed for passing order in respect of M.A. being NO. 65/2019.

 

Complainant did not take any step but the Op Nos. 1,2 3 & 4 filed two separate haziras.

M.A. case being No. 65/2019 is taken up for passing order.

On 12.09.2019 the OP No.4 has filed a petition supported by an affidavit praying for passing appropriate order by dismissing the case lon the ground of pecuniary jurisdiction.

Ld. Advocate for the Op No.4 submitted that the value of the claim as has been stated by the complainant in his complaint petition is far more than the pecuniary limit of the Ld. Forum. On the other hand, fees as has been paid by the complainant is not sufficient as mentioned in the Consumer Protection Rules framed therein. For the above reasons, the case is not maintainable before this Ld. Forum.

No written Objection has been filed by the other side.

Perused the petition and the complaint so filed by the complainant.

Para 11 of the complaint discloses the claim value of this case which is below Rs. 20, 00,000/- . Therefore, the claim value as stated by the complainant in his complaint is not far more than the pecuniary jurisdiction of this Ld. Forum.

As regards fees, as has been paid by the complainant, is not sufficient as stated by the OP No.4. We find that the complainant paid fees of Rs.400/- at the time of filing of this case. In this connection, it can be said that appropriate fees can be determined at the time of conclusion of the trial also. On this sole ground, it cannot be said that this case is not maintainable in law and if the complainant paid lower amount of fees, it can be recovered at the time of conclusion of trial.

 

 

Accordingly, we find no merit in the M.A case being No. 65/2019 .

Hence, it is

                                                        ORDERED

that the M.A. Case being No. 65/2019 be and the same is hereby rejected but without any cost.

 

Let the case be fixed for evidence.

 

Let a copy of this order be supplied to the parties on free of cost.

 
 
[HON'BLE MR. MD. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Lipika Ghosh]
MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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