Date of filing: 29.10.2018 Date of disposal: 15.01.2019
Complainant: Brindaban Mondal, S/o. Late Pran Ballav Mondal, resident of: L-31, Ispatpally, Bidhannagar, DURGAPUR, District: Paschim Barddhaman, PIN – 713 216.
- V E R S U S -
Opposite Party: 1. M/s. MD India Health Insurance TPA Pvt. Ltd., Durgapur Branch, represented by its Branch Manager, having its office at ½ Prafulla Chaki Road, City Centre, Durgapur-16, PO: Durgapur, PS: Durgapur, District: Paschim Barddhaman, PIN – 713 216.
2. United India Insurance Com. Ltd., Durgapur Branch, represented by its Branch Manager, having its office at Floor No. 2, 3rd Administrative Building, City Centre, Durgapur, District: Paschim Barddhaman, Pin – 713 216.
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.2: Ld. Advocate, Ahi Bhushan De.
Order No. 05, Dated: 15.01.2019
Today is fixed for filing written version by OP-1.
Ld. Counsel for the complainant files hazira and also files a petition stating that during proceeding of the case, the Ops settled the insurance claim of the complainant by paying the settlement amount in the Bank account of the complainant. Therefore, the complainant is not willing to proceed with the instant case further. The complainant also submitted the photocopy of his Bank Pass Book showing the deposit of such settlement amount in the Bank account of the complainant. The complainant has prayed for disposing the present Consumer Complaint for non-prosecution, otherwise the complainant will be seriously prejudiced.
Ld. Counsel for the OP-2 is also present by filing hazira and also files a petition that the OP-2 has duly paid the balance admissible amount to the complainant Brindaban Mondal through its Ban A/c. No. 0914010073474 lying at United Bank of India through E.C.S. on 03.01.2019 and the complainant has accepted the said amount in full & final settlement of the claim and thus this OP-2 stands fully discharged of its liability and prayed to dispose of the instant complaint on full satisfaction.
As the complaint is duly settled and the settlement amount has duly been paid by the OP-2 in the Bank account of the complainant and the complainant is also corroborating the same and prays to dispose of the present complaint, so the prayer of the complainant should be allowed as there is no grievance left against the Ops.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 181/2018 be and the same is dismissed for non-prosecution against the Ops without any cost.
Let plain 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