Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 148 / 2007.

1)           Indo Designers,

172/10/6, Madhusudan Pal Chowdhury Lane,

1)           National Insurance Co. Ltd.,

3, Middleton Street, Kolkata-700071.

2)           The Branch Manager. National Insurance Co. Ltd.,

Uluberia Branch Office, Bazar Para,

3)           The Sr. Divisional Manager,

National Insurance Co. Ltd.,

22, G.T. Road, Howrah-711101.                             ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Sri T.K. Bhattacharya, Member

Order No.     2 3     Dated  1 2 / 0 3 / 2 0 1 0 .

The instant case arises out of the petition of Indo designers having office at 172/10/06, Madhusudan Palchowdhury Lane, Howrah-711101 u/s 12 of C.P. Act, 1986 against (1) National Insurance Co. Ltd., 3, Middleton Street, Kolkata-71, (2) Branch Manager, National Insurance Co. Ltd., Uluberia Branch Office, Bazar Para, P.S. Uluberia, Howrah-711316 and (3) Senior Divisional Manager, National Insurance Co. Ltd., Howrah Divisional Office, 22, G.T. Road (South), Howrah-711101 with a prayer to (i) issue notice upon the o.ps., (ii) pay Rs.885066/- towards the loss in respect of stock of materials of the factory premises along with 12% interest from the date of the claim till payment, (iii) pay compensation amounting to Rs.100000/- for harassment and sufferings and (iv) pay cost and (v) pass further order/orders as the Forum deems fit and proper.

          Specific case is the same as stated in CDF Unit-I case no.147/2007. As such, it need not to be reagitated again.

          The decision with reasons has already been elaborated in CDF Unit-1 case no.147/2007 and the order has been passed in the said case based on the surveyor’s report pervading all the aspects of the case.

          In sum and substance, the fact in issue of the instant case is the same as mentioned in CDF Unit-1 case no.147/2007. This apart, the complainant, the o.ps. as well as the documents relied upon and cause of action are the same as noted and incorporated in CDF unit-1 case no.147/2007 while giving the judgment in CDF Unit-I case no.147/2007, the same has been taken up in its entirety.

          As such, no new order is found to be a necessity to be passed, since the order passed in CDF Unit-1 case no.147/2007 is all pervasive.

          In fine, we can observe that there is neither any new nor any novel cause of action which warrants for further discussion in this case.

          Having due regard to the circumstances, the instant case stands dismissed on contest.

          There is no order as to cost.

          The case is thus disposed of from this forum.

          Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.