Circuit Bench Asansol

StateCommission

CC/15/2019

Srikumar Chadhuri - Complainant(s)

Versus

M.D & C.E.O Excide Life Insurance Co. Ltd & Others - Opp.Party(s)

Souren Mitra

18 May 2022

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Complaint Case No. CC/15/2019
( Date of Filing : 27 Feb 2019 )
 
1. Srikumar Chadhuri
S/O Lt. Satish Chandra Chaudhuri,Bharati Bazar, P.O-Bhaatar-713125,Dist-Purba Bardhaman,W.B.
...........Complainant(s)
Versus
1. M.D & C.E.O Excide Life Insurance Co. Ltd & Others
Registered Office At 3rd Floor, JP thchno Park, No.3/1, Millers Road, Bengaluru-560001
2. Branch Manger, Excide Life Insurance Company Limited
Branch Office At 4, Mango Lane, Surendra Mohan Ghosh Sarani, Kolkata-700001
3. Managing Director & C.E.O, Kotak Mahindra Old Mutual Life Insurance Limited
Registered Office at 2nd Floor, Plot-c-12,G-Block, BKC Bandra(East) Mumbai-400051
4. Branch Manager, Kotak Mahindra Old Mutual Life Insurance Limited
Branch Office At 7th Floor, Apeejay House,Block-C, 15 Park Street, Kolkata-700016
5. AB Insurance Brokers Pvt. Ltd
Office At Millinum City Building,8th Floor,College More, Sector-V, Bidhannagar,(Near HP Petrol Pump),Salt Lake, Kolkata-700091
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. KAMAL DE PRESIDING MEMBER
 HON'BLE MR. ASHIS KUMAR BASU MEMBER
 
PRESENT:Souren Mitra, Advocate for the Complainant 1
 Mr.Palash Banerjee., Advocate for the Opp. Party 1
 Mr.Palash Banerjee., Advocate for the Opp. Party 1
 Mr. Abhik Kumar Das., Advocate for the Opp. Party 1
 Mr. Abhik Kumar Das., Advocate for the Opp. Party 1
 Mr.Abhik Kumar Das., Advocate for the Opp. Party 1
Dated : 18 May 2022
Final Order / Judgement

Hon’ble Mr. Kamal De, Presiding Member

Order No. : 36

Date : 18.05.2022

Complainant is present through Ld. Lawyer.

OPs 3 and 4 are also present through Ld. Lawyer.

OP 1 takes no step.

None appears on behalf of the OP 1.

Ld. Lawyer for the complainant files a petition for withdrawal of the case with liberty to file fresh case before appropriate Commission for some technical fault.

Perused the petition, it appears that this Commission has no territorial jurisdiction to hear the case.

We accordingly allowed the prayer of the complainant.

Hence,

                        ORDERED

That the instant petition for withdrawal of the complaint case being No. CC/15/2019 is allowed with liberty to file a fresh case on the same cause of action before appropriate Commission.

The complainant gets a liberty to approach a competent Court/Commission in accordance with law and in the process, he may seek assistance of the decision of the Hon’ble Supreme Court reported in (1995) 3 SCC 583 (Laxmi Engineering Works VS. P.S.G. Industrial Institute) to over come the hurdle of limitation.

The instant Complaint case being No. CC/15/2019 is thus disposed of accordingly. 

 
 
[HON'BLE MR. KAMAL DE]
PRESIDING MEMBER
 
 
[HON'BLE MR. ASHIS KUMAR BASU]
MEMBER
 

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