West Bengal

StateCommission

FA/210/2009

Bimal Dutta. - Complainant(s)

Versus

The Branch Manager, Oriental Insurance Co. Ltd. - Opp.Party(s)

Mr. Barun Prasad.

06 Aug 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/210/2009 of 2009
(Arisen out of Order Dated 09/04/2009 of Case No. 37/2007 of District Uttar Dinajpur)

1. Bimal Dutta.		 ...........Appellant(s)

Vs.

1. The Branch Manager, Oriental Insurance Co. Ltd.
2. Heritage Health Services Pvt. Ltd.		 ...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. MR. A K RAY 3. SMT. SILPI MAJUMDER

For the Appellant :
Mr. Barun Prasad., Advocate

For the Respondent :




ORDER

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No. 3/06.08.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Heard Mr. Barun Prasad, the Ld. Advocate for the Appellant and Mr. P. Banerjee, the Ld. Advocate appearing for the Respondent.  The challenge against the judgement is that the matter has been decided on merit although no evidence had been adduced by any of the parties as regards the facts.  Mr. Banerjee does not raise any objection regarding no evidence recorded.  We find from the copies of the complaint and the Written Version that those are also filed on verification not supported by Affidavit.  Therefore, we are convinced that the impugned order cannot stand as there was no material before the Forum below for deciding the matter on merit.  The law has been settled that Forum is not to decide on merit a complaint in absence of any evidence.  In the circumstances the appeal succeeds and the impugned order is set aside.  The Forum below is directed to decide the matter afresh in accordance with law giving parties opportunity to adduce evidence.

 




......................JUSTICE ALOKE CHAKRABARTI
......................MR. A K RAY
......................SMT. SILPI MAJUMDER