DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

M. A. NO- 04/2018

Arising out of C.C. No. 301/2017

Date of Filing                                                          Date of Disposal

  03.01.2018                                                                 28.08.2018

Complainant/s:-                     Shri Gobardhan Ghosh, S/o. Late Mahandra Ghosh,

                                                206/2, Dum Dum Road, Bagjola Ghosh Para,

                                                P.O. Motijheel, near Gughudanga Police ‘Phari’(outpost),

                                                Dist-North 24 Parganas, Kolkata- 700074.

  =Vs.=

OP/s:-                                      Star Health and Allied Insurance Co. Ltd, Branch office,

                                                1^st floor, 229/2, A.P.C. Road,P.S. Ultadanga,

                                                Kolkata- 700004.       

P R E S E N T           :-  Sri. Bankim Chandra Chattopadhyay………President.

                     :-  Smt.  Silpi Majumder  …………….……….. Member.

Order No.04

          This order is arising out of M.A. being No. 04/2018 filed by the complainant in the C.C. No. 301/2017 praying for amendment in the cause title of the complaint.

            In the application it is stated by the complainant that at the time of filing of complaint due to inadvertent the designation of the company has not been mentioned in the cause title of the complaint. Now it is necessary to insert the designation of the company for fair and proper adjudication of the complaint.  It is further prayed by the complainant for incorporation of the O.P. No.2 in the cause title of the complaint, otherwise the interest of the complainant will be seriously prejudiced. The prayer is made by the complainant for allowing application.

            Ld. Counsel for the O.P has raised vehement objection against such amendment stating that at this juncture amendment should not be allowed. It was the duty of the complainant to be more cautious at the time of filing of this complaint. As the complainant did not mention the designation of the company, for this reason the adverse consequence shall be faced by the complainant. Due to such fault of the complainant the O.P should not suffer. According to the O.P, the M. A. being No. 04/2018 is liable to be dismissed.

Upon careful perusal of the content of the application filed by the complainant it is seen by us that admittedly at the time of filing of the complaint only juristic person has been party, the chair of the said juristic person has not been made a party for which the complainant may face trouble at the time of executing of the order if he will get the order in his favour. For this reason, in our view, that the prayer as sought for by the complainant is proper and legal. The complainant has also prayed for incorporation of the O.P. No.2 in the cause title of the complaint. Upon perusal of the same, in our view the said prayer should be allowed, otherwise the complaint cannot be adjudicated upon in proper manner.

Hence,

                         it is ordered,

                                              that the M.A. being No. 04/2018 is hereby allowed on contest without any cost.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

  Member                                                                                            President

                                                                                                Dictated and corrected by me