Date of filing: 18.12.2017                                                                    Date of Disposal: 08.01.2018

Complainant:               Mr. Bipad Taran Kundu, S/o. Late Ram Kinkar Kundu, resident of Kundu Atta Chaki Central Market, City Centre, Durgapur, PO. & PS:Durgapur, Dist: West   Burdwan, PIN – 713 216.

• VERSUS  -

Opposite Party:           1. The Branch Manager, National Insurance Co. Ltd., having its Branch Office at Benachity Branch, Ajit Banerjee Building, Nachan Road, Benachity, PS; Durgapur, Dist: West Burdwan, Pin – 713 213.

                                     2. The chairman, The National Insurance Co. Ltd., having its registered office at 3, Middleton Street, Kolkata – 700 071.

                                    3. The Director, Medi Assist Insurance TPA Pvt. Ltd., having its office at Premier Court, 4^th Floor, 4 No. Chandi Chowk Street, Kolkata – 700 072.

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

                 Hon’ble Member :   Smt. Nivedita Ghosh.

                 Hon’ble Member:    Sri Tapan Kumar Tripathy.

Appeared for the Complainant:                               Ld. Advocate, Sumit Roy.

Order No. 04, Dated: 08.01.2018

Today is fixed for admission hearing positively, i.d., necessary order will be passed.

Today no step taken on behalf of the complainant. None is present on behalf of the complainant.

It is found from the records that the present complaint has been filed on 18.12.2017 by the complainant u/S. 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice against the Ops as the Ops have repudiated his mediclaim on baseless grounds.

After filing, the complaint was fixed for admission hearing on 20.12.2017. On that date the ld. Counsel for the complainant filed a petition with a prayer for time due to illness and the date was fixed on 04.01.2018 for admission hearing of the complaint. On 04.01.2018 the ld. Lawyer for the complainant again filed a petition praying further date and the date was fixed on 08.01.2018 for admission hearing positively, i.d., necessary order will be passed.

Today neither the complainant has taken any step nor found present on call.

Since the complainant has lodged the complaint before the Ld. District Forum, the provisions of Section 12(3) of the Act will come into play which provides –

“12. Manner in which complaint shall be made. –

3. On receipt of a complaint…………… been given to the complainant:

Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received”.

            In view of the above-mentioned Section in the C.P. Act, 1986 we are of the opinion that as today the stipulated period of twenty-one days is expiring and the complainant is not present today for advancing his argument on the point of admissibility of the complaint, we are of the opinion that the complaint should be dismissed.

Hence, it is

O r d e r e d

that the present Consumer Complaint being N/o. 250/2017 be and the same is dismissed for default without any cost.

            Let plain copy of this order be supplied to the complainant free of cost as per provisions of law.

Dictated & Corrected by me:                                                         (Jayanti Maitra (Ray)

                                                                                                                       President

     (Jayanti Maitra (Ray)                                                                       DCDRF, Burdwan

               President

      DCDRF, Burdwan

                                    (Tapan Kumar Tripathy)                              (Nivedita Ghosh)

                                                 Member                                                  Member

                                        DCDRF, Burdwan                                     DCDRF, Burdwan