West Bengal

Burdwan

MA/68/2023

Mrs. Sabita Pal - Complainant(s)

Versus

CHAIRMAN, SBI General Insurance Company Ltd - Opp.Party(s)

Mr. Subrata Ghosh.

26 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/68/2023
( Date of Filing : 31 May 2023 )
In
Complaint Case No. CC/170/2022
 
1. Mrs. Sabita Pal
Vill. P.O. Kalanabagram. P.S. Memari.713124.
Purba Barddhaman
West Bengal
...........Appellant(s)
Versus
1. CHAIRMAN, SBI General Insurance Company Ltd
Western Express Highway & Andheri- Kurla Road, 400069
Mumbai.
Maharastra
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 26 Sep 2024
Final Order / Judgement

Order date: 29 .07.2024.

Today is fixed for hearing of the M. A. case Nos. 68/2023 & 69/2023 and W/O, if any.

M.A cases are taken up for hearing.

Ld. Advocate for the complainant is present and raised strong objection.  

Ld. Advocate for the OP No.1 is present.   

Heard.

On 31.05.2023 the Ld. Advocate for the complainant files evidence-on-affidavit ex parte and OP No.1 filed W/V along with two separate petitions supported by affidavit , one  for taking  off the case from the ex pate board and another for accepting the W/V.

Perused the case record.

From the same,  it appears that OP No.1 appeared on 28.10.2022 by filing Vokalatnama and prayed for time to file W/V which was allowed and the next date was fixed  on 08.12.2022 .

On 08.12.2022, the OP No.1 filed a time petition for filing W/V, which was considered and allowed, fixing 13.12.2022 for the same.

On 13.12.2022,  OP No.1 files a time petition for filing W/V and the case was   fixed on  27.02.2023  for the same.

 

 

 

On 27.02.2023 the statutory period for filing the W/V  was  over. So, the case proceeded ex parte against the OP No.1.

 

Under the above facts and circumstances, we find that there is no reason to allow the prayers of the OP No.1 by vacating the order for ex pate hearing passed OP No.1 and this Commission has no authority to sit on its own order.

Accordingly, the prayers of the OP No.1 is hereby rejected on contest but without any cost.

The W/V filed by the OP No.1 cannot be accepted.

Thus the M.A. Nos. 68/2023 and 69/2023 be and the same are rejected and thus disposed of.

Let a copy of this order be given to the parties on free of cost.

To  26.09.2024  for hearing of the case  ex parte.

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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