West Bengal

StateCommission

A/156/2020

Anirban Mukherjee - Complainant(s)

Versus

HDFC Standard Life Ins. Co. & Another - Opp.Party(s)

Mr. Dhiman Roy, Mr. Dip Chanda

23 Aug 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/156/2020
( Date of Filing : 11 Mar 2020 )
(Arisen out of Order Dated 13/02/2020 in Case No. Complaint Case No. CC/65/2019 of District Kolkata-I(North))
 
1. Anirban Mukherjee
S/o, Mr. Balaram Mukherjee. 5/1, Harish Mukherjee Road, P.S.- Bhawanipore, Kolkata- 700 025.
...........Appellant(s)
Versus
1. HDFC Standard Life Ins. Co. & Another
Lodha Execelus, 13th Floor, Apollo Mills Compound, N.M.Joshi Marg, Mahalaxmi, Mumbai - 400 011.
2. HDFC Bank Card Division
8, Lallice Bridge Road, Thireevanmiyur, Chennai- 600 041.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER
 
PRESENT:Mr. Dhiman Roy, Mr. Dip Chanda, Advocate for the Appellant 1
 Ms. Asha Ghosh. Ms. Sreya Mukherjee., Advocate for the Respondent 1
 Ms. Punam Chowdhury., Advocate for the Respondent 1
Dated : 23 Aug 2024
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

All sides are present through their respective Ld. Counsels.

Today is fixed for final hearing of the appeal.

The appeal is taken up for hearing.

Being aggrieved by and dissatisfied with the order dated 13.02.2020 vide order no. 13 the Appellant preferred this Appeal.

It appears from the impugned order that on that date Complainant was absent and the OPs were present. Argument was heard and judgment was pronounced after recess. It is very much apparent from the said order that on that date the Complainant/appellant was absent and he did not get any opportunity of filing BNA. So, we are of the view that an opportunity should be given to the Complainant concerned for filing BNA. For these aforesaid reasons the appeal requires to be allowed.

Hence, it is,

O R D E R E D

The appeal being no. 156/2020 is allowed on contest but without any order as to costs.

The impugned order is set aside.

The parties are directed to appear before the Ld. Forum below on 23.10.2024.

Appellant/Complainant shall file BNA on that date.

Ld. Forum below after hearing both sides is requested to dispose of the case in accordance with law without being influenced by any observations made by this Court.

Order of Stay in this case, if any, may be vacated.

Let a copy of this order be sent to the Ld. Forum below.

Appeal being no.156/2020 stands disposed of.

Note accordingly.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. NITYASUNDAR TRIVEDI]
MEMBER
 

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