Date of filing:  06.02.2020                                                           Date of disposal: 07.02.2024

Complainant:              Sri Soumen Dutta, Sadar Ghat, Sripally, Dist. Purba Bardhaman.

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Opposite Party:           1. Divisional Manager, United India Insurance Com. Ltd. Burdwan Divisional Office, G.T.Road, Purba Bardhaman, 713101 and two others.

Order Dated- 07.02.2024

Today is fixed for passing order in respect of M.A. case being No.26/2020.

Complainant is present through the Ld. Advocate.

O.P. Nos.1 & 2 are also present through the Ld. Advocate.

On 06.02.2020, Ld. Counsel for the O.P. Nos.1 & 2 has filed a petition supported by an affidavit, praying for expunging the name of the O.P. No.2-United India Insurance Company Ltd., having its registered and Head Office at ‘United India House’24, Whites Road, Chennai -600014 form the Cause Title of the complaint on the grounds that O.P. No.2 is neither a resident of the place where the present Consumer Complaint case has been filed nor carrying on any business directly at the present place, but only through its Divisional Office, being the OPNo.1, Divisional Manager, United India Insurance Company Ltd, Burdwan Divisional Office, Palika Bazar, G.T. Road, P.O. & P.S. & Dist. Purbo Bardhamnan , Pin-713101 and the same in turn under the direct control of Op No.1.   Furthermore, United India Insurance Company Ltd. is a vast organization, spreading over the whole country. For convenience of its functions, it has a hierarchical structure descending from the central office –Zonal Office-Division Office-Branch Office- Satellite Office. Since the present complaint pertains to the O.P. No.1 –Divisional Manager, United India

                                                                                       Contd. ………P/2.

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Insurance Company Ltd., Burdwan Division Office, Palika Bazar, G.T. Road, P.O. & P.S. & Dist. Purbo Bardhamnan , Pin-713101 as such the name of the O.P. No.2 should be expunged /deleted from the Cause Title of the case and prays for passing an order expunging the name of O.P. No.2 from the Cause Title of the Case.

Ld. Advocate for the complainant files W/O, against the M.A. case supported by an affidavit stating that OP No.1 is the local Divisional Office of OP No.2 and has been discharging all the functions of the Company as one of the principal office. Therefore, it is a blatant falsehood that the Op No.2 does not run any business within the territorial jurisdiction of this Ld.  Forum.  Moreover, as per the settled principles of law itself is to be represented through its registered office as such being the apex authority of United India Insurance Co. Ltd . For proper representation, the company itself is required to be impleaded as a party. In such view of the fact, the OP No.2 being a necessary party has been impleaded irrespective of the fact that its other division office or branch office have also been impleaded . In this context, it is pertinent to mention that the primary liability is upon the company itself and keeping in view of the same, the OP No.2 is a necessary party and his presence is necessary for proper adjudication of the case.  It is more so that without impleading the Company itself, through its registered office, various complications will arise at the time of execution or in executing the order.

Perused the petition and the complaint.

In this regard, the Ld. Advocate for the OP Nos. 1 & 2 referred three decisions of this Commission, namely M.A/14/2018 passed on 30.05.2018, M.A 107/2017 passed on 23.07.2017 and M.A. 37/2017 passed on 30.03.2017 and the Ld. Advocate for the complainant referred to a decision being M.A.96/2019 passed on 03.03.2023 of this Commission.

We have also gone through all the decisions filed by the Ld. Advocates of the both sides.   

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From the same, it appears that both O.P. No.1 & O.P. No.2 jointly filed one Vakalatnama, one W/V. So O.P. No.2 is also vicariously liable for the acts of the O.P. No.1.

Under the above facts and circumstances of the M.A. case being No. 26/2020 and the discussions as made hereinabove, we are of opinion that we do not find any reason to allow the petition filed by the O.P. Nos.1 & 2 for expunging the name of O.P. No.2 from the Cause Title and the petition should be rejected.

Hence, it is

O r d e r e d

that the instant Misc. Application being No. 26/2020 be and the same is hereby rejected on contest but without any cost.

            M.A. case being No.26/2020  is thus disposed of.

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

Accordingly, the O.Ps are directed to file reply positively in C.C. NO.162 of 2018.

To          24.04.2024              for filing reply by the O.P. Nos.1 & 2.

Member                                                                              Presiding-Member                                             D.C.D.R.C., Purba Bardhaman                D.C.D.R.C., Purba Bardhaman