West Bengal

Kolkata-II(Central)

CC/388/2019

Sajal Kumar Khamari - Complainant(s)

Versus

Max Bupa Health Insurance Co. Ltd, Kolkata Zonal Office - Opp.Party(s)

Kishore Mukherjee

31 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/388/2019
( Date of Filing : 17 Sep 2019 )
 
1. Sajal Kumar Khamari
38/2,Attapara Lane,P.O.Sinthee and P.S.Baranagar,Kolkata-700050,Dist-Nort 24 Parganas.
...........Complainant(s)
Versus
1. Max Bupa Health Insurance Co. Ltd, Kolkata Zonal Office
35/1,J.L.Nehru Road, Kailash Building,1st Floor,Park Street,Kolkata-700071.
2. Max Bupa Health Insurance Co. Ltd, Kolkata Zonal Office
B-1/I-2,Mohan Cooperative Industrial Estate,Mathura Road, New Delhi-110044.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:
 
Dated : 31 Aug 2022
Final Order / Judgement

Order No- 25                          Date-31.08.2022

 

            Ld Advocate for the OPs is present. Neither the complainant nor his Advocate is present. It is about 12.35 PM. 

Ld. Advocate for the OPs file an application stating that in terms of amicably settlement they have paid the settlement amount to the complainant out of this commission and the instant case should be disposed of.  Heard the Ld. Advocate for the OPs. She submits that they have already paid the settlement amount of Rs. 1,00,337/- to the complainant against money receipt dated 12.08.2022. None appears on behalf of the complainant to deny the factum of settlement and receiving demand draft of Rs. 1,00,337/- dated 14.07.2022. In view of the above aspect, the complainant is not entitled to claim any further amount from the OPs. Thus, the consumer case is dismissed but without any cost.

Application dated 10.06.2022 filed by the OP is taken up for hearing. Heard the Ld. Advocate for the OP who submits that the instant consumer dispute has been amicably resolved between the parties and in terms of the said settlement complainant has received a draft of Rs.  1,00,337/- from him on behalf of the OP  as full and final settlement of the claim. He further submits that the complainant also issued money received to that effect. Neither the complainant nor his Advocate opposed the prayer of the OP. Money receipt dated 02.05.2022 also supported the contention of the Ld. Advocate for the OP.  Therefore, it is deemed to be true that complainant has received the settlement amount of Rs.  1,00,337/- from the OP against money receipt and he is debarred from any further claim from the OP. Thus, the consumer complaint is dismissed but without any cost.

Order No.26                           Date-14.09.2022

 

            On scrutiny of the record,  it appears to us that there is an typographical mistake at para 3 of the order dated  31.08.2022 and Rs. 1,00,337/-  is to be typed in place of Rs. 1,44,336/-. The mistake is purely typographical error. U/s 40 of the CP Act, 2019 the commission has power to review its own order,  if there is an error apparent on the face of the record either of its own motion or on an application made by any of the parties within 30 days from such order. It is crystal clear from the order dated  31.08.2022 that there is a typographical error apparent on the face of the record and such error should be rectified. In 3rd para of the order dated 31.08.2022 Rs. 1,44,336/- is to be corrected in its place Rs. 1,00,337/- is to be written. Parties are directed to return the certified copy of the order, if already obtained for necessary rectification.

The order be uploaded on the website of the commission for perusal of the parties.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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