IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. EA /23/2013 (Out of CC/135/2012).
Date of Filing: 30.09.2013. Date of Final Order: 21.11.2016.
Name of the Complainant/Dhr Name of the Opposite parties/Jdr.s
Sandip Saha, 1.Branch Manager,
S/o Ajit Saha, United India Insurance Company Ltd.,
Vill: Chhutorpara, P.O. & P.S. Beldanga, 3/20/A K. K. Banerjee Road,
Dist. Murshidabad, Pin: 742 133. P.O. & P.S.: Berhampore,
Dist. Murshidabad, Pin: 742 101.
2. Manager,
Heritage Health TPA Private Limited,
Nicco House, 5th Floor, 2, Hare Street,
Kolkata: 700 001.
Present: Sri Anupam Bhattacharyya ……………….. President
Smt. Pranati Ali ……….……………….…………. Member
FINAL ORDER
Smt. Pranati Ali, Presiding Member.
This Execution Application has been arisen out CC/135/2012 which was disposed of on 18.07.2013 allowed ex parte against the OP/Insurance Company and dismissed ex parte against the OP no.2 TPA Pvt. Ltd without cost. The OP/Insurance Company is hereby directed to pay Rs.1, 25,000/- to the complainant within 30 days from the date of this order failing which an interest @ 9% p.a will carry upon the awarded amount from the date of filing of this case (20.11.2012) till final payment.
After the stipulated period of 30 days, the D.hr has filed this Execution Application on 30.09.2013 for realization of the awarded amount of Rs.1, 25,000/- with an interest @ 9% p.a will carry upon the awarded amount from the date of filing of this case (20.11.2012) till final paymentfrom the J.dr.
The D.hr. is found absent on several occasions. It seems that the Dhr is not interested to proceed with his case.
In this situation, we are of the opinion that the D.hr. is not interested to proceed with this Execution Application any more for realization of his awarded amount. In our view, the Execution Application should be dropped.
Hence,
Ordered
that the Execution Application No. 23/2013 be and the same is hereby dismissed for non-prosecution on the part of the D.hr.
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 PRESIDENT