NCDRC

NCDRC

RP/228/2019

SHAMIK CHAKRAVARTY - Complainant(s)

Versus

BRANCH MANAGER OF BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & 2 ORS. - Opp.Party(s)

MR. RAJA MANTOSH

23 Apr 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 228 OF 2019
 
(Against the Order dated 06/12/2018 in Appeal No. 160/2018 of the State Commission West Bengal)
1. SHAMIK CHAKRAVARTY
14B, DOVER LANE, P.S. GARIAHAT
KOLKATA-700029
WEST BENGAL
...........Petitioner(s)
Versus 
1. BRANCH MANAGER OF BAJAJ ALLIANZ LIFE INSURANCE COMPANY LTD. & 2 ORS.
HAVING ITS OFFICE AT 164/1, MANICKTALA MAIN ROAD, MANI SQUARE 6TH FLOOR, CANAL CIRCLE ROAD, PREMISES NO. 41, KOLKATA, POLICE STATION PHOOLGAGAN,
KOLKATA
WEST BENGAL
2. BAJAJ ALLIANZ LIFE INSURANCE CO. LTD.
HAVING ITS REGISTERED AND HEAD OFFICE GE PLAZA, AIRPORT ROAD YERAWADA,
PUNE-411006
MAHARASHTRA
3. BAJAJ FINANCE LTD.
HAVING ITS REGISTERED OFFICE AT 1201, INFINITY BENCH MARK, PLOT G-1, SLAT LAKE CITY SECTOR V, BLOCK EP & GP
KOLKATA-700091
WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. PREM NARAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Raja Mantosh, Advocate
For the Respondent :

Dated : 23 Apr 2019
ORDER

 ORAL ORDER

          Heard the learned counsel for the petitioner.  This revision petition has been filed against the order dated 06.12.2018 passed by the State Commission in R.P. No. 160/2018, whereby the State Commission has stayed the order dated 12.10.2018 passed by the District Forum, wherein the opportunity to file the written statement by the opposite party was closed by the District Forum and the complainant was allowed to file its evidences.

2.      The learned counsel for the petitioner/complainant states that he has no objection if the opposite party is allowed to file written statement and the same is taken on record.  He had stated so orally before the State Commission.  However, the State Commission has granted stay and fixed the date on 04.06.2019 for further hearing in the matter.  He states that no further hearing is required in the matter as he has no objection if the written statement is taken on record.

3.      As the petitioner/complainant has given his consent that the written statement by the opposite party can be accepted and taken on record, in the light of the decision of the Hon’ble Supreme Court on 10.02.2017 in Reliance General Insurance Co. Ltd. & Anr. vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. & Anr., passed in Civil Appeal No. 2990/2017, wherein the Hon’ble Supreme Court has allowed the consumer forum to take on record the written version after condoning the delay on suitable terms, I deem it appropriate to dispose of this revision petition by observing that the State Commission may pass suitable order in the light of the consent given by the petitioner/complainant before this Commission and in the light of the decision of the Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. & Anr (supra).  The worry of the petitioner seems to be only in respect of the delay in disposal of the complaint.

4.      In so far as the present revision petition is concerned, the State Commission has every right to stay the order of the District Forum and the same has been done by the State Commission.

5.       Consequently,  I do not find any illegality in the order passed by the State Commission as observed above.  The State Commission may dispose of the revision petition as early as possible on the basis of the consent given by the learned counsel for the petitioner/complainant and in the light of the decision of the Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. vs. M/s. Mampee Timbers and Hardwares Pvt. Ltd. & Anr. (supra).

 
......................
PREM NARAIN
PRESIDING MEMBER

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