IN THE COURT OF DISTRICT CONSUMER REDRESSAL COMMISSION
WEST SINGHBHUM AT CHAIBASA
Present: - 1. Sri Vijai Kumar Sharma, President,
2. Sri Rajiv Kumar, Member.
3. Smt. Deoshree Choudhary, Member,
C. C. Case No.23/2014
Chaibasa, Dated: the 29th July 2022
Kartikeshwar Mahato………………………………..……….....Complainant
Vs.
The Branch Manager Bajaj Allianz Life Insurance Co. &Others…..Opposite Parties
ORDER
Case record is put up today, which is fixed for order on the petition of complainant filed in this case on 28.07.2022.
It has been stated on behalf of the complainant that complainant has filed instant case for taking required relief of 3 insured persons i.e, complainant himself Deepak Mahato, complainant’s son and wife of complainant. Further that during argument it has come to the knowledge to the complainant that three separate cases should have been filed by the insured person against O.P. instead of one common case and this fact has been raised by the counsel of O.P. Further that keeping in view such inherent defect in the complaint case know complainant wants to withdraw the case with intention to file three separate cases by each insured person against O.P which is essential for ends of justice, for the same cause of action and required relief. As complainant and his family members are in great need of money and accordingly prayer has been made to kindly grant the permission to withdraw instant case and also grant permission for filing new three cases by concerned person for required relief.
Copy of the petition has been seen and served to O.P. counsel and during hearing no objection has been raised on behalf of O.P.
On perusal of the case record we find that complainant Deepak Mahato has filed instant case against O.P. for relief in three policy numbers which have been issued in three deferent persons including complainant and after admission notice was issued to the O.P. who has appeared and show-cause has been filed on behalf of O.Ps with intention to contest the case on several legal and factual grounds and during argument such defect has been detected and realized by the complainant side and accordingly such withdrawal petition has been filed. Admittedly three policies have been issued in the name of three persons by O.P, so clearly case should have been filed separately.
Therefore keeping in view the above facts and circumstances of the case as well as for the ends of justice instant withdrawal petition is hereby allowed with permission to file fresh case for the same, cause of action and relief. In the result instant case is dismissed as withdrawal and complainant and O.Ps are given liberty to take back any relevant papers from original the file for using in the fresh case if any. Office to consign the record in the record room.
(Rajiv Kumar) (Smt. Deoshree choudhary) (Vijai Kumar Sharma)
Member Member President
