Date of filing: 26.06.2018 Date of disposal: 16.08.2018
Complainant: Dilip Kr. Konar, S/o. Taraprasanna Konar, Vill. & PO: Goligram, PS: Galsi, District: Burdwan, PIN – 713 406.
Opposite Party: 1. Branch Manager, United India Insurance Com. Ltd., Durgapur Branch, having its office at Floor No. 2, 3rd Administrative Building, City Centre, Durgapur, District: Burdwan, Pin – 713 216.
2. United India Insurance Com. Ltd., represented by its Senior Divisional Manager, having its office at Himalaya House, 8th Floor, K. G. Marg, New Delhi, PIN – 110 001.
3. E-MEDITEK (TPA) SERVICES LTD., represented through its Director, having its office at 577, Udyog Vihar, Phase-V, Gurgaon, State-Haryana, PIN – 122 016.
Proforma Oppoisite Party: 4. Steel Authority Of India Ltd., (SAIL), represented by its Manager, having its office at Durgapur Steel Plant, PO: Durgapur Steel Town West, PS: Durgapur, Dist: Burdwan, PIN – 713 204.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1&2: Ld. Advocate, Saurav Dey.
Appeared for the Opposite Party No. 3: None.
Order No. 17, Dated: 16.08.2018
This order is arising out of the M.A. being No.42/2018 filed by the complainant in the C.C. No. 101/2017 praying for amending the address of the proforma O.P. No.4.
It is stated by the complainant in the application that after admission summons upon O.Ps. were issued and the summon upon O.P. No.1 and 2 was duly been served but the summon upon proforma O.P. No.4 returned more than two times with an endorsement ‘there is several Manager, mention the correct designation’. Thereafter the complainant from various sources came to learnt about the new address of the office of the proforma O.P. No.4 and for proper service of the summon upon the said proforma O.P. and for proper adjudication of this complaint, it is necessary to pass appropriate order by amending the complaint as mentioned in the scheduled below, otherwise the complainant will suffer irreparable loss and injuries.
Ld. Counsel for the O.P. No.1 & 2 raised objection against such application stating that the complainant has filed this application at a very belated stage and it is nothing but a dilatory tactics.
After hearing both sides, we are of the opinion that as the complainant has collected the proper address of the proforma O.P. No.4 and as per submission of the complainant issuing summon upon proforma O.P. No.4 is very much necessary for proper adjudication of the complaint, otherwise the complainant will be prejudiced, we are allowing the said application filed by the complainant.
Hence, it is
O r d e r e d
That the M.A. being No.42/2018 filed by the complainant is allowed on contest against the O.Ps. without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of the law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
