West Bengal

Uttar Dinajpur

EA/15/5

Bajaj Allianz General Insurance Company Limited - Complainant(s)

Versus

Kubad Ali - Opp.Party(s)

Rantu Kumar Das

09 Nov 2022

ORDER

Before the Honorable
Uttar Dinajpur Consumer Disputes Redressal Commission
Super Market Complex, Block 1 , 1st Floor.
 
Execution Application No. EA/15/5
( Date of Filing : 04 Feb 2015 )
In
Complaint Case No. CC/13/33
 
1. Bajaj Allianz General Insurance Company Limited
Saharan House,2nd Floor, 2nd mile ,Sevok Road, Siliguri,Dist Darjeeling
Darjeeling
West Bengal
...........Appellant(s)
Versus
1. Kubad Ali
Son of Budhuya Ali, Elengiya, Ital, Raiganj
Uttar Dinajpur
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DEBASISH HALDER PRESIDENT
 HON'BLE MRS. Rubi Acharjee MEMBER
 HON'BLE MR. Swapan Kumar Roy MEMBER
 
PRESENT:
 
Dated : 09 Nov 2022
Final Order / Judgement

Today is fixed for ER of WA.

Attendance through Ld. Advocate is submitted on behalf of the Dhr.

No ER of WA is received.

A petition is submitted on behalf of the Jdr praying for depositing Rs.500/- i.e 50% of the decreetal amount to the Dhr/Insurance Company, with further prayer for remission of payment of remaining 50% in West Bengal Consumer Welfare Fund.

Heard.

The instant EA case has been filed on 04/02/2015 and several years has gone for execution of WA, but in fact, of no avail.

Considering the peculiar circumstances of this execution case, being an older one, we are of the view that to dispose of the case effectively, the prayer made by the Jdr need be allowed and non-deposit of West Bengal Welfare Fund would cause no loss.

Hence, it is

O r d e r e d

that the EA-05/2015 be and the same is allowed.

The Jdr is allowed to deposit Rs.500/- i.e 50% of the decreetal amount in favour of the Dhr/Insurance Company.

Jdr is remitted from depositing another Rs.500/- i.e remaining 50% of decreetal amount to the West Bengal Welfare Fund.

Later

The Jdr has paid Rs.500/- in Court, duly received by the Ld. Advocate of the Dhr/Insurance Company who received the same on making endorsement on the application of the Jdr with signature and date.

Hence, it is

 

O r d e r e d

that the EA-05/2015 be and the same is disposed of on full satisfaction.

Recall W.A.

 
 
[HON'BLE MR. DEBASISH HALDER]
PRESIDENT
 
 
[HON'BLE MRS. Rubi Acharjee]
MEMBER
 
 
[HON'BLE MR. Swapan Kumar Roy]
MEMBER
 

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