Date of filing: 05.03.2019 Date of disposal: 02.09.2019
Complainant: Falguni Barui, W/o. Late Tapas Barui, resident of C/o. Sudip Mitra, Mankar Pashim Kenal Para, Village & Post Office: Mankar, PS: Budbud, District: Purbo Burdwan, PIN – 713 144.
Opposite Parties: 1. HDFC ERGO General Insurance Company Limited, represented by its Branch Manager, Durgapur Branch, having its office at 4th Floor, City Plaza, City Centre, Durgapur, District: Paschim Barddhaman, PIN- 713 216.
2. HDFC Bank Limited, represented by its Branch Manager, Panagarh Branch, having its office at HDFC Bank Limited, PO. & PS: Panagarh, District: Paschim Bardhaman, West Bengal, 713 148.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1 Ld. Advocate, Somnath Banerjee.
Appeared for the Proforma Opposite Party No. 2: Ld. Advocate, Sudip Kumar Sharma.
Order No. 11, Dated: 02.09.2019
Today is fixed for compliance and further order.
Ld. Counsel for the OP No. 1 and Proforma OP No. 2 files hazira respectively. Ld. Counsel for the complainant also files hazira and submits that the complaint has been amicably settled between the parties and the complainant has received the settlement amount from the OP No. 1 through this Ld. Forum. Therefore, the complainant is not willing to proceed with this complaint further and prays for disposal of this complaint.
It is evident from the record that vide order No. 8 dated 23.07.2019 complainant and the OP-1 filed a joint compromise petition stating that the case has amicably been settled between the parties out of Court at Rs. 2,00,000=00. Thereafter, on 19.08.2019 the OP-1 filed an A/c. Payee cheque being No. 050294, dated 26.07.2019 of Rs. 2, 00,000=00 in favour of the complainant-Falguni Barui as settlement amount and the complainant withdrew the said cheque after proper identification on 20.08.2019. So the process of settlement has already been completed.
Now as the complainant is not willing to proceed with the complaint further as there is no grievance left against the Ops as she has received the settlement amount in full. So the prayer of the complainant should be allowed.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 45/2019 be and the same is disposed of on the ground of amicable settle. There is no order as to costs.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) D.C.D.R.F., Purba Bardhaman
Member
D.C.D.R.F., Purba Bardhaman
(Nivedita Ghosh)
Member
D.C.D.R.F., Purba Bardhaman