NCDRC

NCDRC

FA/1161/2018

UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

HINDUSTAN FIBRE GLASS WORKS & ANR. - Opp.Party(s)

MR. RAJAT KHATTRY

05 Oct 2018

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
FIRST APPEAL NO. 1161 OF 2018
 
(Against the Order dated 18/04/2018 in Complaint No. 55/2018 of the State Commission West Bengal)
1. UNIVERSAL SOMPO GENERAL INSURANCE CO. LTD.
REGISTERED OFFICE OF UNIT NO 401, 4 FLOOR, SANGAM COMPLEX 127, ANDHERI KURLA ROAD, ANDHERI (EAST)
MUMBAI
...........Appellant(s)
Versus 
1. HINDUSTAN FIBRE GLASS WORKS & ANR.
136 BT ROAD, NEAR BUNLOP BRIDGE
KOLKATA 700 108
2. ALLAHABAD BANK
DUNLOP BRIDE BRANCH, 149, B.T. ROAD
KOLKATA
WEST BENGAL 700 108
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT

For the Appellant :
Ms. Shreya Tyagi, Advocate
For the Respondent :
Mr. N.R. Mukherjee, Advocate
Ms. Sourya Mukherjee, Advocate
Mr. Abhijit Sinha, Advocate for R-1
NEMO for R-2

Dated : 05 Oct 2018
ORDER

Heard the Learned Counsel for the parties.

The present Appeal has been preferred by Universal Sompo General Insurance Co. Ltd., Opposite Party No.1 in the Complaint, against the order dated 30.05.2018, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short “the State Commission”) in Complaint Case No. CC/55/2018.  By the impugned order, the State Commission has debarred Opposite Party No.1, the Appellant herein, from filing the Written Version on the ground that it was absent. 

Learned Counsel for Respondent No.1/Complainant states that if some costs are imposed on the Appellant, to be paid to the Complainant, the impugned order may be modified and the Appellant may be given opportunity to file the Written Version within a time-bound period.  Learned Counsel for the Appellant has no objection and she has agreed to pay the costs and file the Written Version within a period specified by this Commission.

Taking into consideration the entire facts and circumstances of the case, the Appeal is allowed; impugned order dated 30.05.2018 passed by the State Commission in Complaint Case No. CC/55/2018 is set aside; and the Appellant herein is directed to file the Written Version before the State Commission within three weeks from today, i.e. latest by 29.10.2018.  The Appellant shall pay a sum of ₹25,000/- as costs to the Complainant before the State Commission.

The matter be fixed before the State Commission on 30.10.2018 and be proceeded in accordance with law. 

The Appeal stands disposed of in the above terms.   

 
......................J
R.K. AGRAWAL
PRESIDENT

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