MA/69/2024 in  C. C/69 /2024.

Order date: 27 .09.2024.

Today is fixed for passing order of the M.A. case.

Ld. Advocate for the complainant is present. Ld. Advocate for the OP Nos. 1 & 2 is present. Ld. Advocate for the OP No.3 is also present.

On 12.07.2024 the OP Nos. 1 & 2 –Reliance General Insurance Company Ltd has filed this M.A. case stating  that the complainant made party to the Director of this Insurance Company which is beyond the law , because Director of the company  is not looking general claim  matters , so the name of the Director should be expunged without going into the merit of the case. Moreover, the Director of the Company is not sitting at the Calcutta Office of this Insurance Company, situated at 4^th Floor, Thapar House, 163 S.P. Mukherjee Road, Mudiali , Kolkata-26.  

Ld. Advocate for the complainant verbally raised strong objection and cited an order of NCDRC, New Delhi in First Appeal No. 797 of 2017.

Perused the complaint, W/V, M.A. case filed by the OPs and the cited decision of the Hon’ble NCDRC, New Delhi.

From the submissions of both sides, we are of the view that OP No. 2 i.e  the Director of the Reliance General Insurance Company Ltd. is  holding such important positions in the Company, where the Director is directly/indirectly involved with the decision making process in the Company. By virtue of his/her office, he/she can directly influence any

decision regarding relief to be granted to the complainant as asked for in the consumer complaint. Moreover, without impleading the Director, Reliance General Insurance Company Limited, various complications will arise at the time of execution or in executing the order.  

Under the above, facts and circumstances of the M.A,. case and the discussions as made herein above, we are of the opinion that we do not find any reason to allowed the petition filed by the OP Nos. 1 & 2 for expunging the name of the OP No.2 from the Cause Title and the petition should be rejected.

Hence, it is

                                        ORDERED

that the instant M.A. being No. 69/2024 be and the same is hereby rejected on contest but without any cost.

M.A. case being No. 69/2024 is thus disposed of .

Let a copy of this order be given to the parties on free of cost.

To  06.12.2024  filing evidence-on-affidavit by the complainant.