Date of filing: 29.12.2017 Date of disposal: 15.06.2018
Complainant: Biswanath Chakraborty, S/o. Late Jatindra Kumar Chakraborty, resident of 8/15, Ashoke Avenue, A-Zone, Durgapur-04, Dist: West Burdwan, PIN – 713 204.
Opposite Party: 1. Raksha TPA Pvt. Ltd., represented by its Branch Manager, Durgapur Branch, having its office at A-2/4, Allauddin Khan BITHI, City Centre, Near Chaturanga Puja Maidan, Durgapur, District: Burdwan, PIN – 713 216.
2. IFFCO TOKIO General Insurance Co. Ltd., the Director, having its corporate office at Iffco Tower, Plot No. 3, Sector 29, Gurgaon, Haryana – 122 001
3. Steel Authority of India Ltd., represented by its Manager, having its office at Ispat Bhaban, Lodi Road, New Delhi, PIN – 110 003.
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. 1: None.
Appeared for the Opposite Party No. 2: Ld. Advocate, Soumalya Ganguli.
Appeared for the Opposite Party No. 3: Ld. Advocate, Tapan Kumar Jash.
Order No. 08, Dated: 15.06.2018
Today is fixed for effecting compromise petition in terms of the joint petition and further order.
Today the ld. Counsel for the complainant files a petition praying to pass necessary order by disposing of the present case for non-prosecution.
By filing the said petition the complainant has stated that during proceeding of the instant case the complainant by updating his Bank pass book came to learn that the OP Insurance Company already has disbursed the claim amount in his Bank account. Moreover, the OP Insurance Company has also been filed the details before this ld. Forum Therefore, the complainant is not willing to proceed with the case further. So it is now necessary to pass appropriate order by disposing of the present case for non-prosecution otherwise the complainant will suffer irreparable loss and injuries. The complainant has also filed the photocopy of his bank pass book before this ld. Forum for reference.
The said petition is received by the other side. Ld. Counsel for the OP-2 & 3 files hazira.
As the complainant by submitting application stating that he has received the claim amount during the pendency of this complaint from the OP Insurance Company in his Bank Pass Book and he is not willing to proceed with the complaint further against the Ops., we are of the opinion that the application filed by the complainant through his ld. Advocate should be allowed and the complaint be disposed of for non-prosecution.
Hence, it is
O r d e r e d
that the present Consumer Complaint being No. 260/2017 be and the same is dismissed for non-prosecution 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
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
