Sri Shyamal Gupta, Member
This Revision is directed against the Order dated 22-08-2016 passed by the Ld. District Forum, Kolkata-III (South) in C.C. No. 174/2016.
By such Revision, it is stated by the Revisionist is that he filed an application u/s 13(4)(ii) of the Consumer Protection Act, 1986 praying for a direction upon the Respondent Nos. 1 and 2 to produce the original proposal form and the ECS mandate form and also for appointment of a handwriting expert to verify the genuineness of the signature contained at different pages of the said documents submitted by the Insurer. Following contested hearing, the Ld. District Forum rejected the petition of the Revisionist. Hence, this Revision.
Heard the Ld. Advocates on the issue. Perused the material on record.
From the copy of Order sheet dated 18-04-2017 passed by the Ld. District Forum, Kolkata-III (South), it appears that the complaint case has already been dismissed for default.
From the case record, it transpires that necessary stay order was granted by this Commission vide Order dated 29-03-2017 restraining the Ld. District Forum from proceeding with the complaint case till 18-08-2017. It is indeed surprising that bypassing such stay order, the Ld. District Forum not only proceeded with the case, but most arbitrarily and illegally dismissed the same. It seems, in a haste to dispose cases, the Ld. District Forum is putting a blind eye to the surroundings resulting in passage of such illegal orders. The Ld. President of District Forum, Kolkata-III (South) is hereby asked to caution his Ld. Members to be more vigilant in future while adjudicating matters as such unacceptable blunders only aggravate sufferings of hapless consumers for no fault of theirs.
Be that as it may, since the complaint case has already been dismissed, we see no point delving on the issue at stake which has become redundant in the light of aforesaid order by the Ld. District Forum.
Hence,
O R D E R E D
that RP/187/2016 be and the same stands dismissed on contest. No order as to costs.
