DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.13/2017

MA-317/2017

    Date of Filing:                                                                 Date of Disposal:

     05.12.2017                                                                         19.12.2017

 Complainant:    Sri. Prantosh Chandra Paul, S/o Late Jogesh Chandra Paul,

                              Basunagar, Gate no-4, P.O.- Udayrajpur, P.S.-Madhyamgram,

                              District-North 24 Parganas, Kolkata-700 129.

                                                                   Vs.

Opposite Parties:  1) E-Meditek (TPA) Services Limited, Santi Niketan Building,

                                       8^th Floor, Suit no-06, 8, Camac Street, Kolkata-700 017.

                                   2) The Branch Manager, Indian Overseas Bank,

                                        Madhyamgram Branch, P.O. & P.S.-Madhyamgram,

                                         District-North 24 Parganas, Kolkata-700 129.

P R E S E N T   :- Sri  Siddhartha Ganguli  ….………………………Member.

                         :-  Smt. Silpi Majumder………………………………Member.

ORDER: 09

This order is arising out of the MA being no-317/2017 filed by the Complainant in the Consumer Complaint no-13/2017 praying for addition of party in the cause title of the complaint.

It is stated by the Complainant that the OP-1 has mentioned before this Ld. Forum on 04.09.2017 that until and unless the Insurance Company has been made party in this proceedings, the complaint cannot be adjudicated upon in a proper manner. The Complainant has further submitted that admittedly the policy was taken from the Insurance Company and due to inadvertence the Insurance Company could not be made party in this complaint, hence prayer is made by the Complainant for seeking permission for incorporation of the name and address of the Insurance Company in the cause title of the Complaint as OP-3. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and prayer is made for allowing this application.

Upon careful consideration of the application in our view that as the Complainant is intending to incorporate the name and address of the Insurance Company as OP-3 in the cause title of the complaint as M/s. Universal Sompo General Insurance Company Limited, Unit-401, 4^th Floor, Sangam Complex, 127, Andheri-Kurla Road, Andheri (East), Mumbai-400059, we have no objection to that effect because the same will not change the nature and character of the complaint. Moreover from whom the policy was obtained/or who had issued the insurance policy in the name of the Complainant, if the said Company has not been made a party to this complaint, the same cannot be adjudicated properly. We got much substance in the averment of the Complainant, hence we are of the view that the prayer of the Complainant should be allowed.

Hence it is ordered that the MA being no-317/2017 is hereby allowed without any cost.

Fix ……………. for submitting amended complaint by the Complainant positively.     

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                                                                             Member

Dictated & Corrected by me