Complainant and O.P. No. 1, 2 & 3 are represented by the Ld. Advocate. Today is fixed for hearing of maintainability application dt. 26.06.2024 filed on behalf of the O.P. No. 3.

By filing the Written Version  the OP No. 3 is claiming that the instant complaint case  is not maintainable in law.

At the time of hearing Ld. Advocate of the O.P. No. 3 submits that the instant Consumer Case is not maintainable as per the provisions of the Consumer Protection Act. He further submits that the Complainant has filed this case against the O.P’s which is not at all maintainable before this Commission and the Complainant has made the O.P. No. 3 unnecessarily on some false allegations and there is no cause of action against the O.P. No. 3 though the O.P. No. 3 admits that the husband of the Complainant during his life time was an employee of Dhupguri Cold Storage Pvt. Ltd under the O.P. employees State Insurance Corporation having Insurance No. 4116364163.

It is also submitted by the Ld. Advocate of the O.P. No. 3 that as per the provisions of the Employee State  Insurance Act. 1948 if any dispute arises with an employee he/she will have to approach before the Employees Insurance Court, West Bengal for redressal of his/her grievances in terms of the provisions laid down under section 75 of the Employees State Insurance Act,1948. Complainant did not disclose the actual fact in her complaint rather she has skipped  the actual provisions towards redressal of her grievance.

At the time of hearing Ld. Advocate of the O.P. No. 3 further submits that the complainant did not file the required documents in the office of the O.P. No. 3 or other O.P’s. though several reminder was given to the complainant for  production of those documents but she did not submit the same. Ld. Advocate of the O.P. No. 3 praying for dismissal of this case on the grounds that  the instant case is not maintainable at all against the O.P’s.

Ld. Advocate of the O.P. No. 1 & 2 fairly submits that this Commission may pass necessary order in this regard.

Ld. Advocate of the Complainant at the time of hearing submits that this Commission may pass necessary order so that the complainant may get the sum of money as prayed in the prayer portion of the Complaint.

Having, heard, the Ld. Advocate of both the side and careful perusal of the Written Version along with the maintainability petition and other materials in record, it is admitted fact that the husband of the Complainant during his life time was an employee of Dhupguri Cold Storage Pvt. Ltd under the O.P. employees State Insurance Corporation having Insurance No. 4116364163.

It is also admitted fact that had  there any  grievance of the complainant she should take shelter by invoking provisions of the employee State Insurance Act. 1968.

It is also admitted fact that  despite receiving reminders from the O.P’s for submitting documents before them the Complainant did not submit the same with the O.P’s. for settlement of claim.

Considering all we are of the view that this case is not at all maintainable before this Commission.

Hence it is therefore,

                                       ORDERED

That, the instant Consumer Case being No. 06/2024 is hereby dismissed as not maintainable.

 However, the complainant is given liberty to take shelter before the competent authority for redressal of her grievances. Complainant is also given liberty to submit the required documents before this O.P’s as per their reminder which was given earlier for redressal or settlement of claim.

Let a copy of this Order / Judgement be given to the parties free of cost.