DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
M.A. 72/2023
Arising out of C.C. No.200/2021
Date of Filing: Date of listing: Date of Disposal:
30.05.2023 30.05.2023 30.05.2023
Complainant/s:- | M/s Bholnath Bastralay, Of 119 Feeder Road, P.S. – Belgharia, District – North 24 Parganas, Kolkata – 700056, Represented by its proprietor Sri Pradip Ghosh, S/o Late Dinesh Chandra Ghosh, By faith – Hindu, Nationality – Indian, By occupation – Business, Residing at – 119, Feeder Road, P.S. – Belgharia, District – North 24 Parganas, Kolkata – 700056. =Vs.= |
Opposite Party/s: | - The Branch Manager, The Oriental Insurance Company Ltd., Barrackpore Branch Office, Having it office at 38-A, Shaheed Mangal Pandey Sarani (First Floor), P.S. Barrackpore, District – North 24 Parganas, P.O. – Barrackpore, Pin – 700120.
- The Director, The Oriental Insurance Company Ltd., Having its registered Office at Oriental House, P.O. – Daryaganj, P.S. – Kamala Market, P.B. No. 7037, A – 25/27, Asaf Ali Road, New Delhi - 110002
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER/12
This M.A Pt. no.72/23 is taken up today for hearing. Ld. Advocate for both the parties are present. Perused the petition. Heard both sides and considered.
From the contests of the petition filed by the O.P No. 1&2 on 01.02.2023 after servicing the said pt. for non-maintainability and in the pt. the O.P No.1&2 filed at the stage of their evidence. The O.P No. 1&2, they are stated that the said Complainant is not a customer after the specific time period of that accident i,e 13.05.2019 to 12.05.2020.
The Complainant filed written objection against the application challenging the maintainability of the complaint case filed by the O.P No.1&2, the Oriental Insurance Co. Ltd. In the written objection the Complainant stated that the Complainant has been depositing and paying the premium for his
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M.A. 72/2023
Arising out of C.C. No.200/2021
insurance in each year properly and the Complainant is also submitted that at the time of “AMPHAN” & COVID -19 , the State of West Bengal declared lock down, in this situation the Complainant did not paid the premium on time. After that period the Complainant continue the case and paid premium properly.
It is revealed that the O.P is the service provider and the complainant is the consumer as per C.P. Act.
Heard both sides and considered all documents, petitions, complaint and annexures submitted by both the parties.
It appears that there is mixed question of law and facts regarding prayer for non-maintainability which cannot be decided at this stage without further evidence. Hence the petition filed by the O.P is rejected at this stage. The issue will be decided at the time of final disposal of the case.
Thus, the M.A. being No. 72/2023 is disposed of.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
