Consumer Complaint No.04 of 2017

Date of filing: 13.01.2017                                                           Date of disposal:  19.01.2017

Complainant:               Rajendra Prasad Kedia, S/o. Late Shyamsundar Kedia, Vill., PO. & PS: Mejhia, District: Bankura, PIN – 722 143.

-V E R S U S-

Opposite Party:    1.     Branch Manager, Oriental Insurance Co. Ltd., Ajit Banerjee Building, Nachan Road, Durgapur – 713 213, District: Burdwan.

2.      Branch Manager, Oriental Bank of Commerce, N. S. B. Road, Raniganj, PO: Raniganj, District: Burdwan, PIN – 713 347.

Present:      Hon’ble President: Sri Asoke Kumar Mandal.

                        Hon’ble Member: Smt. Silpi Majumder.

           Hon’ble Member:  Sri Pankaj Kumar Sinha.

Appeared for the Complainant:      In person.

Order No. 02, Dated: 19.01.2017

Today is fixed for admission hearing of the complaint.  The complainant is present in person.

During argument on the point of its admissibility the complainant has started so many facts which have not been mentioned in the petition of complaint. The petition of complaint has been filed on affidavit which is a very cryptic one. We have seen the facts which the complainant is stating; the same has not been stated in his petition of complaint at all. In the petition of complaint there is no mentioning that he used to pay the premium amount to the Insurance Company through the Bank and the Bank used to remit the same to the Insurance Company and in this way his insurance policy got renewal from time to time. It is also not stated in the petition of complaint that due to non-payment of due premium by the Bank to the Insurance Company, the insurance policy got lapsed. The complainant has not sated in the complaint that he paid the premium amount to the Bank within due course for renewal of his insurance policy. As those facts are not stated in the petition of complaint and without which the petition cannot adjudicated properly, hence the complainant prays for withdrawal of this complaint submitting for a liberty to file the same further incorporating the entire facts and statements in the  complaint. In view of the prayer of the complainant, as well as, upon perusal of the instant petition of complaint we are also of the view that with the cryptic complaint wherein maximum statement has not been mentioned, the complaint cannot be adjudicated properly.

Hence, it is

O r d e r e d

that the complaint is dismissed for non-prosecution without being admitted.

The complainant is at liberty to file afresh, if not barred otherwise and the filing should be made within 30 (thirty) days from the date of this order.

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

                  (Asoke Kumar Mandal)        

             Dictated and corrected by me.                                                     President       

                                                                                                           DCDRF, Burdwan

                      (Silpi Majumder)                            

                     Member                                           

                    DCDRF, Burdwan

                                                   (Pankaj Kumar Sinha)                          (Silpi Majumder)

                                                                  Member                                     Member    

                                                     DCDRF, Burdwan                               DCDRF, Burdwan