C o n s u m e r  C o m p l a i n t  No. 07/2021

Date of Filing-28.01.2021                                                                             Date of Disposal_-14.12.2022

Complainant:- Sri Adyanath Banejee, S/O- Lt. Jaganath Banerjee, resident of Dub Churia, P.O.-Andal, Dist. Paschim Bardhaman, 713321.

O.Ps._- HDFC ERGO General Insurance, of HDFC House, 165/166 Backbay Reclamation , H.T. Parekh Marg, Mumbai-400020. Branch Office at 4 th Floor, City Plaza DGP-16, City Center, Dist-Paschim Bardhaman, 713216.

Order  Date:14.12.2022

Today is fixed for filing show cause by the complainant.

O.P. files hazira through the Ld. Advocate. Heard Ld. Advocate for the O.P.

Ld. Advocate for the complainant has filed show cause petition. On repeated calls, none moves the show cause petition.

Perused the show cause petition and the case record. It appears that due to mistake of diary, Ld. Advocate for the complainant is not able to take step and the petitioner is intended to contest the case. But from the case record, it is found that since 15.02.2022, the complainant did not file any evidence till date and on 15.02.2022, 05.05.2022, 08.09.2022 and 28.11.2022, the complainant was absent without any step. Therefore, the ground that due to mistake of diary the Ld. Advocate could not able to take step cannot be believable. Furthermore, on 11.07.2022, the complainant only files hazira but no evidence has been filed. Then how it can be said that due to mistake of diary he could not take any step. From the case record, it also appears that if the complainant was intended to contest the case, he could have filed the evidence-on-affidavit. Therefore, it can be said that he is not at all intended to contest the case. Therefore, the show cause filed by the complainant cannot be accepted. Furthermore, none came to move this petition also. Only this ground for not moving the petition is the sole ground for rejection of the petition. Accordingly, the prayer for acceptance of the show cause is considered and rejected.

Hence, it is

O R D E R E D

 that this Commission has no alternative but to dismiss the case and thus this case be and the same is dismiss for non-prosecution.

                                                                                                       President

D.C.D.R.C., Purba Bardhaman