Assam

StateCommission

CC/9/2019

M/S Ace Pre Con Industries - Complainant(s)

Versus

Bajaj Allianz Insurance Company Ltd - Opp.Party(s)

Ms. S. S. Bawari

19 Jul 2022

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Complaint Case No. CC/9/2019
( Date of Filing : 08 Jul 2019 )
 
1. M/S Ace Pre Con Industries
Borali Gaon Balibat Road, P.O. Borbhogia, Kaliabor, Missa, Nowgaon-782138, Assam and is represented by one of its partner Sri Sangeet Khadria Son of Jyoti Prasad Khadria Resident of Laukhowa Road, Haibargaon, Nowgaon-782002, Assam
...........Complainant(s)
Versus
1. Bajaj Allianz Insurance Company Ltd
Head Office at GE Plaza, Airport Road Yerawada, Pune-411006
2. Bajaj Allianz Insurance Company Ltd
Branch Office at Sreeji Tower 3rd Floor, Adjacent to Mahindra Showroom, Christian Basti, Guwahati-781005, Kamrup Metro, Assam
Kamrup (M)
Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Prasanta Kumar Deka PRESIDENT
 HON'BLE MRS. Soneka Borah MEMBER
 HON'BLE MR. Sisir Kr Baruah MEMBER
 
PRESENT:Mr. D. Deka,Advocate, Proxy for Ms. S. S. Bawari, Advocate for for the Complainant 1
 Mr. A. Sarma,Advocate, for Mr. K. K. Bhatta, Advocate for the Opp. Party 1
Dated : 19 Jul 2022
Final Order / Judgement

                    Mr. D. Deka, learned counsel, for the complainant is present along with Mr. A. Sarma, learned counsel, representing Mr. K.K. Bhatta, conducting counsel, for the opposite party insurance company. It is submitted by Mr. Deka that the complainant who is a partnership firm, involved in commercial production. Though the cause of action accrued against the opposite party, however, he fairly submits that the complainant does not fall within the definition of the consumer as per Consumer Protection Act. Accordingly, he sought the liberty to withdraw the case with further liberty to approach the appropriate forum. Mr. Sarma has no objection against the submission made by Mr. Deka.

                        Accordingly, liberty is granted to withdraw this complaint petition with further liberty to approach the appropriate forum against the present cause of action as this forum is a wrong forum.  As such, this complaint is dismissed on withdrawal, granting liberty to the complainant to approach the appropriate forum for its relief.

 
 
[HON'BLE MR. JUSTICE Prasanta Kumar Deka]
PRESIDENT
 
 
[HON'BLE MRS. Soneka Borah]
MEMBER
 
 
[HON'BLE MR. Sisir Kr Baruah]
MEMBER
 

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