NCDRC

NCDRC

FA/393/2005

SMT. LATA SANAI - Complainant(s)

Versus

NATIONAL INSURANCE CO. LTD. - Opp.Party(s)

TOTTENHAM INDIA LAW ASS.

02 Dec 2009

ORDER

Date of Filing: 14 Sep 2005

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIAPPEAL NO. No. FA/393/2005
(Against the Order dated 28/05/2005 in Complaint No. 71/2002 of the State Commission West Bengal)
1. SMT. LATA SANAIPODDER POINT ,BLOCK-A ,IST FLOOR,113,PARK STREET,POLICE STATION-PARK STREET KOLKATA - ...........Appellant(s)

Vs.
1. NATIONAL INSURANCE CO. LTD.3,MIDDLETON STREET ,POLICE STATION- SHAKESPEARE SARANI KOLKATA - ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :Mr.Dipak Bhattacharya for TOTTENHAM INDIA LAW ASS., Advocate
For the Respondent :Mr.Rajvinder Singh for -, Advocate

Dated : 02 Dec 2009
ORDER

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          Appellant was the original complainant before the State Commission.
          State Commission has dismissed the complaint on the ground that the appellant did not cooperate with the surveyor and did not furnish the documents which had been asked for by the surveyor. After filing the appeal, counsel for the appellant sought permission to file additional documents. Appellant filed the documents on 30.11.2005. This Commission allowed the same as it was of the opinion that the documents were material evidence without which proper adjudication was not possible. Notice was issued to the respondent to enable him to file response to it but not response has been filed. Counsel for the parties are agreed that the impugned order be set aside and the case remitted back to the State Commission to enable the parties to lead additional evidence. 
In view of the agreement arrived at between the parties, the impugned order is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law, after permitting the parties to lead additional evidence.
Parties, through their respective counsel, are directed to appear before the State Commission on 5th January 2010.
State Commission shall permit the parties to lead additional evidence if they wish to do so and decide the complaint in accordance with law.
Since this is an old case, we would request the State Commission to dispose of the complaint as expeditiously as possible and, in any case, within 6 months from the date of first appearance.
Parties are directed to cooperate with the State Commission for early disposal of the case.


......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER