IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No. EA/11/2013
CC /08/2008
Date of Filing: 24.04.2013. Date of Final Order: 26.05.2015.
Complainant (D.hr.): Muslima Bibi, W/O Late Md. Ustam Sk. Vill. Sahebpara, P.O. Kumarpur,
P.S. Beldanga. Dist. Murshidabad.
-Vs-
Opposite Party (J.drs): 1. Branch Manager, National Insurance Co. Ltd.
26/23/1, S.S.Sen Road, P.O.&P.S. Berhampore, Dist. Murshidabad. Pin-742101.
2. Branch Manager, Golden Trus Financial Service, 155, Lalin Sarani, Kolkata.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra ……………………..Member.
Smt. Pranati Ali ……….……………….……………. Member
FINAL ORDER
Sri Samaresh Kumar Mitra- Presiding Member.
Order No.24 dated 26.05.15
Brief facts of the case are that the Decree Holder got an order in case No. CC/08/2008 dated 25.01.2012 in which the Ld. Forum ordered that the complainant (D.rh herein) shall approach National Insurance Co. Ltd (Issuing Office) through GTFS (OP NO.2) along with necessary papers for her claim, which will be duly processed by GTFS and forwarded to the OP No.1 within a period of 30 days and thereafter Insurance Co. will decide the matter on the entitlement of the complainant (D.hr) within a period of 30 days. The complaint is at liberty to withdraw the original certificate and other documents from the Forum on proper application.
After getting the order the complainant withdrew the documents and submitted the said documents on 24.02.2012 before the OP. But OP took no steps so she filed the instant Execution Application u/s 27 of C.P. Act, praying for punishment with fine for non-compliance of Forum’s order.
OP No.1 appeared by its agent and filed written objection and denied the allegations as leveled against him. He averred that the judgment of the Ld. Forum clearly stated that the complainant shall approach to National Insurance Company Ld. through GTFS along with necessary papers for her claim, which will be duly processed by GTFS and forwarded to national Insurance Company Ltd. Although there was a clear direction to approach the proper office but she neither stated whether she approached the proper office following the direction of this Forum. The answering OP No. prayed for dismissal of the Execution Application with cost.
It appears from the case record that the notice was sent to the OP No.2 on 29.04.2015 but the said noticed was returned in this office with a remark ’Left’ . Thereafter, in several occasions the D.hr. prayed adjournment for taking steps upon OP No.2. The D.hr is absent since 10.01.2014 and no step has been taken. This Forum sent a show cause notice to the D.hr. on 25.02.2015. But till date no show cause has been filed. The approach of the D.hr is very casual in these proceedings. She willfully wasted the valuable time of this Forum by filing petitions up to 20.12.2015 on lame execute.
So, we are in an opinion to dismiss the aforesaid Execution Application due to non-prosecution
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
Member Member President
District Consumer Disputes District Consumer Disputes District Consumer Disputes
Redressal Forum. Redressal Forum. Redressal Forum.
Murshidabad. Murshidabad. Murshidabad.
