Order No. 32, Dated: 15.07.2022

Today is fixed for passing order in respect of M.A. being No.36/2020. The record is taken up for passing order.

 O.P. No.8 files hazira. O.P. No.2 files hazira. O.P. No.5 files hazira. Complainant did not take any step.  Other O.P. except O.P. No.7 did not any step. 

The O.P. No.4 –Oriental Insurance Company has filed a petition on 19.02.2020 supported by affidavit praying for passing an order to expunge or to delete the name and designation of the O.P. No.4 from the cause title of Consumer Complaint Case on the ground that O.P. No.4 is a vast organization spreading over the whole country. And for convenience of its function it has a hierarchical structure descending from the Central Office- Zonal Office-Divisional Office-Branch Office-Satellite Office. Since the present complaint pertains to the O.P. No.4 being its Branch Office at B.C.A. Building, Court Compound, District-Purba Bardhaman which is directly controlled under the Divisional Office, The Oriental Insurance Company Ltd. Asansol Division, Asansol and as such the name /designation of O.P. No.4 havingt its address at Divisional Office-3, 4E/14, Azad Bhawan  Jhandelwal Ext., New Delhi-110055 should be expunged and as per the prescribed procedure the competent official of Asansol Divisional Office, Asansol and the concerned Branch Office, Burdwan Branch, Burdwan as mentioned above are to defend the case on behalf of O.P. No.4.

The complainant has filed written objection against the said M.A. case and denied the material allegation. The complainant submitted that according to Section 11(2) (a) & (b) of the C.P. Act, 1986 the alleged reason of the O.P. No.4 does not come in this case and the case may be barred under the misjoinder of unnecessary party if the petition for expunge of its name is allowed and as per the submissions of O.P. Nos.1 & 2 vide their application dated 04.02.2018 prayed before the Ld. Commission impleading O.P. No.4 as well as “United Insurance Company Ltd.” He was made party to this case as per the order of the Commission and O.P. No.4 is a necessary party and his presence is absolutely necessary for proper adjudication of the case. Upon this background he prayed for rejection of the M.A. case.

Perused the case record including the complaint application dated 19.02.2020 (M.A. being No.36/2020) and order No.12 dated 06.09.2019 passed in M.A. Case No.49/2019. It appears from the order No.12 dated 06.09.2019 that the O.P. Nos.1 & 2 prayed to insert “The Oriental Insurance Company Ltd.” and “United India Insurance Com. Ltd.” respectively as they are duly insured with the said Insurance Companies respectively which was allowed and as per order of the District Consumer Disputes Redressal Forum the complainant has filed the amended complaint by inserting the O.P. Nos.4 & 5 i.e., The Oriental Insurance Company Ltd. having its address at Divisional Office - 3, 4E/14, Azad Bhawan, Jhandelwal Ext., New Delhi-110055 but nowhere in the order it has been mentioned that the O.P. No.4 having its address Division- 3, 4E/14, Azad Bhawan, Jhandelwal Ext., New Delhi-110055 be added as a party. Furthermore, when the O.P. No.4 clearly mentioned in the petition dated 19.02.2020 that for convenience of its function it has a hierarchical structure descending from the Central Office to Branch Office and especially being the head office, the O.P. No.4 stated that competent official of Asansol Divisional Office, Asansol with concerned Branch Office of Burdwan Branch, Burdwan as mentioned address of them in the petition are to defend the case on behalf of O.P. No.4. It is not necessary for him to contest the case far from New Delhi and according to provision of the Consumer Protection Act those two offices are enough competent to defend their case as Oriental Insurance Company  but they have not been made party as yet. Accordingly the prayer of the O.P. No.4 may be allowed and the concerned Divisional Office–Asansol, The Oriental Insurance Company Ltd. and the concerned Branch Office of Burdwan Branch of the said company may be added as party to this case as O.Ps to defend their case. Hence, it is

Ordered

that the M.A. being No.36/2020 be and the same is allowed on contest but without any cost.

The complainant is directed to take necessary steps for amendment of the complaint in view of the above finding of this case.

The M.A. case being No.36/2020 is thus disposed of.

To 06.09.2022 for taking step by the complainant for necessary amendment.

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

Dictated & Corrected by me:                                                                                                                                                                                                        

                                                                                                                  President

               President                                                                       DCDRC, Purba Bardhaman

 DCDRC, Purba Bardhaman           

                                                                    Member

                                                    DCDRC, Purba Bardhaman