West Bengal

Howrah

EA/09/32

RANJIT KUMAR JANA - Complainant(s)

Versus

Tata A.I.G. General Insurance Co. Ltd. - Opp.Party(s)

27 Aug 2010

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Execution Application No. EA/09/32
In
 
1. RANJIT KUMAR JANA
S/O: Sri Bhuban Chandra Jana, 26/4, P.K. Roy Chowdhury Lane, P.O: B. Garden, P.S: Shibpur, District: Howrah.
...........Appellant(s)
Versus
1. Tata A.I.G. General Insurance Co. Ltd.
Bombay House, 24, Homi Modi Street,Mumbai : 400 001.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. J.N. Ray PRESIDENT
 HON'BLE MR. Dr. D. Chakraborty MEMBER
 HON'BLE MRS. SMT. SAMIKSHA BHATTACHARYA MEMBER
 
For the Appellant:
For the Respondent:
ORDER

Ranjit Kumar Jana,

son of Sri Bhuban Chandra Jana,

residing at 26/4, P.K. Roy Chowdhury Lane,

P.O. B. Garden, P.S. Shibpur,

District – Howrah.                                     Complainant /

 

                                                             Decree Holder.

 

                            - Vs. -

1.  Tata A.I.G. General Insurance Co. Ltd.,

      having its registered office at Bombay House,

      24, Homi Modi Street,

      Mumbai – 400 001 and city office

      at Tata Centre ( 1st floor ),

      43, Jahawarlal Nehru Road,

      Kolkata – 700071.

 

2.    Auto Hi Link,

       NEW & VSED CAR DEALER,

       Kona Express Way under P.S. Jagacha,

       District – Howrah.                               Opposite Parties /

                                                                    Judgment Debtor.

 

ORDER NO. 15

DATE  : 27-08-2010.

 

                Complainant / decree holder Ranjit Kumar Jana, is present today along with his lawyer and files a xerox copy of the order of the Honble Court passed in C.O. No. 3169 of 2009.

 

                The o.p., M/S. Kotak Mahindra Prime Ltd., is also present through his representative along with advocate and files a petition praying for adding as necessary party in the instant case as per order of the Honble Court.

 

                Both parties also file a joint petition praying for dispose of the case on the ground of settlement.

 

                Having heard on both sides and perused the settlement petition along with a xerox copy of the order of the Honble Court filed herein before praying for adding party is allowed. It is submitted on behalf of the parties that the decree holder, the judgment debtor as well as the M/S. Kotak Mahindra Prime Ltd. has settled their dispute out of court. The terms of which they settled their dispute have also been recorded in the Memorandum of Understanding signed by all of them. It also appears that today after appearance in terms of settlement made in the MOU Tata A.I.G. General Insurance Co. Ltd. has paid Rs. 2,40,000/- to the M/S. Kotak Mahindra Prime Ltd. and also paid a sum of Rs. 1,74,449/- to the Ranajit Kumar Jana, the decree holder, out of the total claim amount of Rs. 4,14,449/-. It further appears that the matter in dispute has been settled in full and final settlement and as such we do not incline to proceed further and the proceeding of the matter be disposed of in terms of the aforesaid terms made in the parties.

 

                Hence,  it is,

                                                                                   O R D E R E D

 

                That the instant dispute of the matter in question arising out of HDF Case no. 186 of 2007 be disposed of in full and final settlement.

 

                Supply the copy of the order to the parties, free of costs, as per rule. 

 
 
[HON'BLE MR. J.N. Ray]
PRESIDENT
 
[HON'BLE MR. Dr. D. Chakraborty]
MEMBER
 
[HON'BLE MRS. SMT. SAMIKSHA BHATTACHARYA]
MEMBER

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