Date of filing: 10.08.2018                                                                    Date of disposal: 04.09.2018

Complainant:             Mr. Abdur Rahim, S/o. Late Sademoni, residing at Village Alampur, PO  Talit, PS Sadar, District: Burdwan, PIN – 713 141.

• V E R S U S   -

Opposite Party:         The Branch Manager, H.D.F.C Ergo General Company Ltd., having its office at 4^th Floor, City Plaza, City Centre, Burdwan – 713 216.

Present:   Hon’ble President: Smt. Jayanti Maitra (Ray).

                 Hon’ble Member:  Ms. Nivedita Ghosh.

      Hon’ble Member:  Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:      Ld. Advocate, Chayan bhattacharyay.

Appeared for the Opposite Party :  Ld. Advocate, Somnath Banerjee.

Order No. 11, Dated: 04.09.2018

This is order is arising out of the M.A. Being No. 59/2018 filed by the complainant in the C.C. No. 12/2018 praying to implead or add the party M/s. Bharat Laxmi Motors as O.P. in this case.

It is stated in the petition by the complainant that he purchased the vehicle from M/s. Bharat Laxmi Motors and he intends to incorporate M/s. Bharat Laxmi Motors as a party to this case as from the W/V filed by the O.P. and the main disputes arising of the vehicle stolen away before getting registered arranged by the said M/s. Bharat Laxmi Motors and therefore though he applied in time for registration but due to negligence of M/s. Bharat Laxmi Motors the registration was not completed. In the meantime, the vehicle was stolen and the Insurance Company had repudiated his claim on that very ground of non- registration of the vehicle. Therefore, for better appreciation of this case and for proper adjudication the M/s. Bharat Laxmi Motors is very much necessary party in this case.

Ld. Lawyer for O.P. submits that the complainant is very much negligent for filing the petition as he was aware of this fact as O.P. had filed W/V long ago and complainant has already filed his evidence-on-affidavit. Seeing W/V however, after hearing both sides and for proper adjudication of this case we think that the M/s. Bharat Laxmi Motors is a necessary party and therefore the petition should be allowed subject to payment of cost of Rs.500=00 to the Consumer Legal Aid Account, Burdwan.

Hence, it is

O r d e r e d

that the M.A being No. 59/2018 be and the same is allowed on contest with a cost of Rs.500=00 to be paid by the complainant.

                         Jayanti Maitra (Ray)

       Dictated and corrected by me.                                                     President       

                                                                                                         D.C.D.R.F., Burdwan

           Jayanti Maitra (Ray)                     

                   President

         D.C.D.R.F., Burdwan

                                          (Nivedita Ghosh)                               (Dr. Tapan Kr. Tripathy)

                                                Member                                                           Member    

                                         D.C.D.R.F., Burdwan                              D.C.D.R.F., Burdwan