Circuit Bench Siliguri

StateCommission

RP/33/2019

THE BRANCH MANAGER,BAJAJ ALLIANZ GENERAL INSURANCE CO LTD - Complainant(s)

Versus

SRI PRATAP CHANDRA ROY & ANOTHER - Opp.Party(s)

J.P.PAWA

05 Feb 2020

ORDER

SILIGURI CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
2nd MILE, SEVOKE ROAD, SILIGURI
JALPAIGURI - 734001
 
Revision Petition No. RP/33/2019
( Date of Filing : 20 Dec 2019 )
(Arisen out of Order Dated 27/09/2019 in Case No. CC/92/2019 of District Cooch Behar)
 
1. THE BRANCH MANAGER,BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
COOCH BEHAR BRANCH, BANK BUILDING, 1ST FLOOR, KESHAB ROAD, OPP. COOCH BEHAR PALACE, GATE NO.2, KOTWALI, P.O-COOCH BEHAR, PIN-736101
COOCH BEHAR
WEST BENGAL
...........Appellant(s)
Versus
1. SRI PRATAP CHANDRA ROY & ANOTHER
S/O-LT. JITENDRA NATH ROY, VILL-HALDIMOHAN, P.O-CHILKIRHAT, P.S-KOTWALI, PIN-736157
COOCH BEHAR
WEST BENGAL
2. THE BRANCH MANAGER, IDBI BANK
COOCH BEHAR BRANCH, N.N. ROAD, P.S-KOTWALI, P.O-COOCH BEHAR, PIN-736101
COOCH BEHAR
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Subhendu Bhattacharya PRESIDING MEMBER
 HON'BLE MR. Amal Kumar Mandal MEMBER
 
For the Petitioner:
For the Respondent:
Dated : 05 Feb 2020
Final Order / Judgement

The revision is directed against the order dated 27/09/2019 delivered by Ld. D.C.D.R.F Coochbehar in CC No. 92 of 2019. The fact of the case in brief in that Pratap Chandra Roy registered a consumer complaint against Bajaj Allianz General Insurance company Ltd. and others under section 12 of CP Act, 1986. The OP No. 1 in that case happens to be the revisionist appeared before the Ld. D.C.D.R.F of Coochbehar on 13/09/2019 and prayed for time to file WV and the date was extended to file WV on 27/09/2019. The revisionist has failed to file WV on 27/09/2019 and again prayed for time which was rejected due to exceed of 45 days and the revisionist was debarred from filing the WV. Against that  order this revision follows on the grounds mentioned in the revisional application which was admitted after registration and OP of the revision was sent notice to contest the revision case. The OP No. 1 Pratap Chandra Roy and OP No. 2 IDBI Bank has contested the revision their Ld. Advocates namely K. Singha Sarkar and D. Bhattacharjee respectively. The revisionist is represented through the Ld. Advocate J.P. Pawa. The hearing of the case on behalf of all the parties has conducted today through their Ld. Advocates.

                                                                                  Decision with reason,

Having heard the Ld. Advocates all sides it comes to the knowledge of this commission that the instant consumer dispute is still pending for disposal before the Ld. Forum while the complainant side is very much eager to dispose of the case in short period and for that reason Ld. Advocate of the complainant endorsed no objection if the revision application is allowed subject to payment  of some cost. Ld. Advocate of revisionist prays imposing very nominal cost. Ld. Advocate of IDBI Mr. Bhattacharjee mentions that IDBI is contesting the case as proforma OP and has nothing to do in this revisional application. Accordingly the revisional application should be allowed subject to payment of cost. 

                                                                                Hence, it is ordered,

That the instant revisional application is here by allowed to the effect that the revisionist shall positively file the WV before the Ld. Forum on 04/03/2020 and also shall pay Rs. 1,000/- as cost to the OP No. 1 Pratap Chandra Roy on that very day. The impugned order of Ld. D.C.D.R.F Coochbehar dated 27/09/2019 in CC No. 92 of 2019 stands set aside. The interim order of stay passed by this Commission stands with held. Let a copy of this order be communicated to the Ld. D.C.D.R.F Coochbehar and a copy of order of this revision be handed over to the parties of the case free of cost.   

 

 

 
 
[HON'BLE MR. Subhendu Bhattacharya]
PRESIDING MEMBER
 
 
[HON'BLE MR. Amal Kumar Mandal]
MEMBER
 

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