Orissa

StateCommission

CD/166/2003

Mangal Chand Agrawal - Complainant(s)

Versus

Regional Manager, oriental Insurance Company Ltd., - Opp.Party(s)

M/s. R.K. Pattnaik & Associates.

30 Jun 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Complaint Case No. CD/166/2003
( Date of Filing : 20 Aug 2003 )
 
1. Mangal Chand Agrawal
S/o- Late Bhadarmal Agrawal, Managing Director, Shivashakti Rice Mill(P) Ltd., At/Po- Malati Gunderpur, P.s- Dhamma, Dist- Sambalpur.
...........Complainant(s)
Versus
1. Regional Manager, oriental Insurance Company Ltd.,
At/Po- Alok Bharti Tower-III, Sahid Nagar, Bhubaneswar, Dist- Khurda.
2. Senior Divisional Manager, Oriental Insurance Company Ltd.,
Sambalpur Division, Nayapara, Dist- sambalpur.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Complainant:M/s. R.K. Pattnaik & Associates., Advocate
For the Opp. Party: M/s. A.K. Mohanty & Associates., Advocate
Dated : 30 Jun 2020
Final Order / Judgement

          Mr R.K.Pattnaik, learned counsel appearing for the complainant submits that the complainant has taken the file and he has no instruction from the complainant.

2.      Learned counsel for the respondent is absent.

3.      Since it is a matter of 2003, we are not inclined to adjourn the matter. We are inclined to dispose of the case on merit instead of dismissing the case for non-prosecution.

4.      Perused the complaint, written version and the materials on record. Complaint is filed claiming compensation from the OP due to explosion of boiler in his rice huller premises. It is admitted fact that OP sent the surveyor to assess the damages. OP admitted about loss of Rs.1,181,000/- as per the surveyor’s report. This Commission has also directed vide order dated 18.9.2014 to deposit the said amount for payment to the complainant. On 20.5.2018, said order has been complied. Thereafter, the matter is delayed. Complainant has not filed any evidence. Thus, we are of the opinion that complainant after receipt of said amount from the OP has not pursuing the complaint. So we find the complainant has no further cause of action survive.

Hence, the complaint is allowed in part. No cost.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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