West Bengal

StateCommission

RP/99/2023

SBI GENERAL INSURANCE COMPANY LIMITED - Complainant(s)

Versus

BARUN BHATTACHARYA - Opp.Party(s)

DEBASISH NATH

26 Nov 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/99/2023
( Date of Filing : 19 Jul 2023 )
(Arisen out of Order Dated 25/05/2023 in Case No. Complaint Case No. CC/48/2023 of District North 24 Parganas)
 
1. SBI GENERAL INSURANCE COMPANY LIMITED
15TH FLOOR, SRIJAN CORPORATE PARK, ROOM NO.- 1508, PLOT NO.- G92, BLOCK- EP & GP, SECTOR- V, KOLKATA- 700 091.
24 PARAGANAS NORTH
WEST BENGAL
...........Appellant(s)
Versus
1. BARUN BHATTACHARYA
S/O, AMAR NATH BHATTACHARYA. SIMLA, DURGAPUR, SIMULIA, P.S.- BADURIA, DIST- NORTH 24 PARGANAS, PIN- 743 401.
24 PARAGANAS SOUTH
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER
 
PRESENT:DEBASISH NATH, Advocate for the Petitioner 1
 
Dated : 26 Nov 2024
Final Order / Judgement

 

Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Revisionist/Petitioner is present.

Respondent is found absent on repeated call.

Today is fixed for final hearing of the Revision Petition.

Being aggrieved by and dissatisfied with the order no. 4 dated 25.05.2023 passed by the Ld. DCDRC, North 24 Parganas at Barasat in complaint case no. 48/2023 passing an order to the effect that the case shall run ex parte against the OP, the Revisionist/Petitioner/OP preferred this Revision Petition.

Ld. Counsel for the Revisionist/Petitioner submitted that on that day the OP did not get the entire set of documents enclosed by the Complainant, So, they could not take necessary proper steps and the matter proceeded ex parte against them.

So, we are of the view as the OPs are willing to contest the case, an opportunity should have been given to them.

In view of the above observation the impugned order is set aside and the Revision Petition is allowed.

Parties are directed to appear before the Ld. DCDRC, North 24 Parganas at Barasat, concerned on 19.12.2024 and the OPs shall file written version on that date.

After appearance of the parties before the Ld. DCDRC, North 24 Parganas at Barasat, concerned DCDRC will dispose of the case in accordance with law after giving an opportunity of being heard.

There shall be no order as to costs.

The Revision Petition being no. 99/2023 stands disposed of.

Note accordingly.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. NITYASUNDAR TRIVEDI]
MEMBER
 

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