Date of filing: 20.04.2018                                                                           Date of disposal: 04.06.2018

Complainant:             Gopal Halder, Proprietor: Halder Board Industries, Kalinagar, PO: Samudragarh, District: Burdwan, PIN – 713 515.

• V E R S U S   -

Opposite Party:  1.    Branch Manager, National Insurance Co. Ltd., 2^nd Floor, Puspanjali Market Complex, G. T. Road, Opp: Memari P.S., PO: Memari, Burdwan.

                              2.   Divisional Manager, National Insurance Co. ltd., Bhangakuthi, G. T. Road, Burdwan – 713 104.

                               3. Sri Sukumar Dey, S/o. Late Bankim Chandra Dey, 139, Lake Town, Block – A, Kolkata – 700 089.

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, Sumanta Kumar Mondal.

Appeared for the Opposite Party No. 1& 2:  Ld. Advocate, Ahi Bhushan De.

Appeared for the Opposite Party No. 3:     Ld. Advocate, Debdas Rudra.

Order No. 25, Dated: 04.06.2018

This order is arising out of the M.A. being No. 23/2018 filed by the complainant in the C.C. No. 15/2017 with a prayer for an order directing the OP-1 for production of report dated 12.12.2015 and revised assessment dated 04.05.2016.

 It is stated by the complainant in the said M.A. that by filing written version, the OP-3 stated that he has submitted survey report vide letter dated 12.12.2015 based on the Policy No. 154101/11/15/3100000123 and a revised assessment of the damaged stocks only under the factory shed vide letter dated 04.05.2016 which are necessary for interrogation of the OP-3. It is evident from the written version of OP-1&2 as well as OP-3 that aforesaid report and revised assessment has been filed before the OP-1 which means those are under the custody of OP-1, so production of the said report dated 12.12.2015 as well as revised assessment dated 04.05.2016 from the custody of the OP-1 is very much necessary, otherwise, the complainant will suffer irreparable loss and injuries.

The Op-1 & 3 have raised vehement objection against such application at this stage and prayed for dismissal of the application.

It is fact, that as per written version filed by the OP-3 it is submitted that””based on the views of the OP-1 this OP was asked to do a revised assessment of the damaged stocks which were only under the factory shed. Accordingly, this OP gave a revised assessment of the damaged stocks only under the factory shed and submitted the said revised assessment before the OP-1 vide letter dated 04.05.2016.

Under such circumstances, we are of the view that the said report dated 12.12.2015 and revised assessment dated 04.05.2016 submitted by the OP-3 before the OP-1 should be submitted before this Ld. Forum for proper adjudication of this complaint.

Hence, it is

O r d e r e d

that the M.A. being No. 23/2018 be and the same is allowed on contest without any cost.

Let plain copies of this order be supplied to the parties free of cost as per provisions of 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