Circuit Bench Siliguri

StateCommission

RP/34/2019

Bajaj Allianz General Insurance Co.Ltd - Complainant(s)

Versus

Sri. Gourhari Shil & Others - Opp.Party(s)

J.P.Pawa

19 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/34/2019
( Date of Filing : 31 Dec 2019 )
(Arisen out of Order Dated 06/11/2019 in Case No. CC/68/2017 of District Maldah)
 
1. Bajaj Allianz General Insurance Co.Ltd
REPRESENTED BY THE BRANCH MANAGER, MALDA BRANCH, N.H.34, BESIDE BIG BAZAR SHOPPING MALL, P.S-ENGLISH BAZAR, P.O-MALDA, PIN-732101
MALDA
WEST BENGAL
...........Appellant(s)
Versus
1. Sri. Gourhari Shil & Others
S/O- SUSANTA SHIL, VILL-BURABURITOLA, PRABAL PALLY, NEAR SHIBAJI SANGHA, P.O-MALDA, P.S-ENGLISH BAZAR. PIN-732101
MALDA
WEST BENGAL
2. DADA MALL MOTORCYCLE
REPRESENTED BY PARTNER- PARANPUR, P.O-PARANPUR, PIN-732204
MALDA
WEST BENGAL
3. DADA MALL MOTORCYCLE
REPRESENTED BY MANAGER, PARANPUR, P.O-PARANPUR, PIN-732204
MALDA
WEST BENGAL
4. PLANET WHEELS PVT. LTD.
REPRESENTED BY DIRECTOR, GABGACHI, N.H.-34, P.O-MALDA, PIN-732103
MALDA
WEST BENGAL
5. PLANET WHEELS PVT. LTD.
REPRESENTED BY MANAGER, GABGACHI, N.H.-34, P.O-MALDA, PIN-732103
MALDA
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 : 19 Feb 2020
Final Order / Judgement

This revision is directed against the order dated 06/11/2019 delivered by Ld. D.C.D.R.F Malda in CC No. 68/2017. The case in short is that the OP Gourhari Shil registered a consumer complaint against Dada mall motor cycle and others as OP No. 1 to 6. The OP No. 1 and 2 in due time filed the WV OP No. 3 and 4 did not file  the WV.  The OP No. 5 and 6 on 19/08/2019 appeared before the Ld. Forum and prayed time for WV But the Ld. Forum did not extend the time as 45 days was already over. So the Ld. Forum decided to hear the case ex parte against OP No. 5 and 6 on 06/11/2019. On that day the OP No. 5 and 6 filed WV and by a ex parte petition prayed for vacating the order of Ld. Forum dated 19/08/2019, so that OP No. 5 and 6 could contest the case.  But Ld. Forum has rejected the said prayer. Being aggrieved with this order this revision follows. The complainant Gourhari Shil after receiving notice of revision was contested the same through Ld. Advocate Mr. J. Chowdhury. The revision  application is moved by Ld. Advocate J. Pawa.

                                                                       Decision with reason

After hearing both sides it appears to us that both the complainant and the revisionist are agreed to dispose of the instant consumer complaint on merit and the W.V filed by the op no. 5 and 6 should be accepted. The judicial system always encourage to adjudicate a dispute after giving every opportunities to the both parties of the dispute to have a chance of good heaving over their respective cases. So the implunged order of Ld. Forum dated 19/08/2019 and 06/11/2019 should be set aside.

                                                                         Hence, it is ordered

That the instant revisional application is hereby allowed on contest. The order of Ld. DCDRF Malda dated 19/8/2019 and 6/11/2019 in cc no. 68 of 2017 are set aside. The order of the Ld. forum in this case dated 6/11/2019 by which the complainant was asked to pay cost of Rs. 500 also are to be waived. Both parties are asked to appear  before the Ld. Forum on next date already fixed. Let a copy of this order  be supplied to the parties free of cost and the same to be communicated to the Ld. Forum.

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

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