Date of filing: 26.06.2018 Date of disposal: 17.07.2018
Complainant: Payel Konar, W/o. Subhadeep Konar, Bidhannagar, PO: Asansol, District: Paschim Bardhaman, Pin – 713 301.
Opposite Party: 1. Liberty Videocon General Insurance CO. Ltd., represent by its Branch Manager, having its office at Land Mark 2 Office N.O.N. 36, Punjab National Bank Building, Shahid Khudiram Sarani, City Centre, PS: Durgapur, District: Paschim Bardhaman, PIN – 713 216.
Proforma Opposite Party: 2. West End Motors, represented through its Proprietor, having its office at Kalyanpur Satellite Township Project, Kanyapur Link Road, Palashdiah More, PO: Kanyapur, Asansol, PIN – 713 341.
Present : Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member : Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 1: Ld. Advocate, Saurav Kumar Mitra.
Appeared for the Opposite Party No. 2: Ld. Advocate, Mirza Raja Begg.
Order No. 12, Dated: 17.07.2018
This order is arising out of the M.A. being No.43/2018 filed by the complainant in the C.C. No.244/2017 praying for an order directing the O.P. No.1 to produce the Surveyor’s report before this Ld. Forum.
It is stated by the complainant in the application that in the written version filed by the O.P. No.1 has mentioned about the Surveyor’s Assessment and the complainant has challenged the same. So for taking proper step by the complainant and for proper adjudication of the case, Surveyor’s report is very much essential and prays to pass appropriate order by directing the O.P. No.1 to produce the Surveyor’s report before this Forum, otherwise the complainant will suffer irreparable loss and injury.
Copy received by the other side. No written objection is filed against the M.A. The M.A. is heard from both sides. After perusing the written version filed by the O.P. No.1 it is clear that Surveyor was appointed and assessed the loss and after verifying the final bill he assessed the loss also.
Therefore, as the survey was done by the Surveyor there must be an assessment report regarding the survey done by the said Surveyor. So for proper adjudication of this complaint, Surveyor’s report is very much necessary for conclusive conclusion. Accordingly, we are of the opinion that the application filed by the complainant being No. MA/43/2018 should be allowed.
Hence, it is
O r d e r e d
that the M.A. being No. 43/2018 be and the same is allowed on contest against the O.P. No.1 without any cost.
Let 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) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
