West Bengal

StateCommission

RP/170/2018

The Star Health and Allied Ins. Co. Ltd. & Another - Complainant(s)

Versus

Radha Kanta Biswas & Others - Opp.Party(s)

Mr. Ashish Chakraborty

16 Sep 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/170/2018
( Date of Filing : 03 Dec 2018 )
(Arisen out of Order Dated 15/11/2018 in Case No. Complaint Case No. CC/376/2018 of District Kolkata-II(Central))
 
1. The Star Health and Allied Ins. Co. Ltd. & Another
75C, Park Street, Kolkata - 700 016, P.S. - Park Street, Kolkata - 700 016.
2. The Zonal Manager & Authorised Signatory, The Star Health & Allied Insurance Co. Ltd.
Kolkata Zonal Office, 75C, Park Street, Kolkata - 700 016, P.S. - Park Street.
...........Appellant(s)
Versus
1. Radha Kanta Biswas & Others
135/5, R.N. Guha Road, South Dum Dum, Kolkata - 700 074.
2. Abhijit Basu Roy, Intermediary Code BA000018378, The Star Health & Allied Insurance Co. Ltd.
Kolkata Zonal office, 75C, Park Street, Kolkata - 700 016, P.S. - Park Street.
3. AMRI Hospital
Salt Lake Annex -I, KB -24, Salt Lake City, Sector -III, Kolkata - 700 098.
4. Dr. Sujit Chowdhury, AMRI Hospital
Salt Lake Annex -I, KB -24, Salt Lake City, Sector -III, Kolkata - 700 098.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Mr. Ashish Chakraborty, Advocate
For the Respondent: Ms. Sonali Bhattacharjee., Advocate
 Ms. Binota Roy., Advocate
Dated : 16 Sep 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

Aggrieved with the impugned order, this Revision is filed.

In short, case of the Revisionists is that on receipt of notice, their Ld. Advocate appeared before the Ld. District Forum on 05-11-2018.  As there was no quorum on that day, the matter was fixed on 15-11-2018 for filing WV.  Although they filed WV on the date fixed, the impugned order was passed.  Feeling aggrieved with such order, this Revision is filed.

Parties were heard in the matter and documents on record gone through.

It appears from the record that notice was duly served upon the Revisionists on 25-09-2018.  Despite this, as the WV was not filed within the statutory time limit, the Ld. District Forum rejected the prayer of the Revisionists. 

No doubt, the said petition was rightly turned down by the Ld. District Forum.  In any case, considering all aspects, the Revision is allowed. Parties to appear before the Ld. District Forum on 23-10-2019 for necessary order.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER
 

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