West Bengal

Siliguri

CC/15/56

DEBABRATA BHATTACHARJEE AND OTHERS - Complainant(s)

Versus

THE MANAGER, - Opp.Party(s)

26 Jun 2019

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/15/56
( Date of Filing : 28 Apr 2015 )
 
1. DEBABRATA BHATTACHARJEE AND OTHERS
ALL ARE R/O PROTIVA APARTMENT,RAMESH MAZUMDER SARONI, DESH BHANDU PARA,SILIGURI 734004.WESTBENGAL.
...........Complainant(s)
Versus
1. THE MANAGER,
HDFC STANDARD LIFE INSURANCE, SEVOKE ROAD, FIRST FLOOR, SAHARAN HOUSE, ABOVE ICICI BANK,SILIGURI 734001.
2. THE MANAGING DIRECTOR
HDFC STANDRAD LIFE INSURANCE CO. LTD., 12TH AND 13TH FLOOR, LODHA EXCELUS, APOLLO MILLS COMPOUND,N.M.JOSHI ROAD,MAHALAXMI, MAHARASHTRA,MUMBAI 400011.
3. THE MANAGER,
BIRLA SUN LIFE INSURANCE, 2ND FLOOR, GOLYAN SADAN,SEVOKE ROAD,SILIGURI.H.O, SILIGURI 734001.
4. THE MANAGING DIRECTOR
BIRLA SUNLIFE INSURANCE, ONE INDIA BULLS CENTRE,TOWER 1, 16TH FLOOR, JUPITER MILL COMPOUND,841,SENAPATI BAPAT MARG, ELPHINSTONE ROAD, MUMBAI 400013.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MRS. MALLIKA SAMADDER MEMBER
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 26 Jun 2019
Final Order / Judgement

Today is fixed for order and this order arises out of hearing of two petitions of the complainant dtd. 25.03.2019 and that of 04.06.2019.  All sides file Ld. advocates’ hazira.  Both the petitions are filed by the complainants, Sri Debabrata Bhattyacharjee and others under Order XXIII rule 1 sub rule (3) where complainants have prayed for withdrawal of this instant case with liberty to sue afresh on the ground that some typographical mistakes have been there in the petition of complaint.  As against these petitions the OP Nos. 1 & 2 jointly filed one written objection seeking rejection of this prayer for withdrawal as sought for by the complainants and it is filed on 17.06.2019.  Heard the Ld. advocate for the complainants.  Ld. advocate for the complainants submitted that if this prayer for withdrawal of the case is refused then complainant would suffer huge loss and further a liberty has been sought for from the side of the complainants for filing of the case on the same cause of action and subject matter.  Heard the Ld. advocate for the OP Nos. 1 & 2 HDFC Life Insurance Company Limited formerly known as HDFC Standard Life Insurance Co. Ltd.  Heard the Ld. advocate for the OP Nos. 3 & 4 on behalf of Birla Sun Life Insurance.  It is stated by the Ld. advocate for the OP Nos. 1 & 2 that the complainants should not be permitted to withdraw themselves from this case.  After hearing all the parties in order to consider the prayer of the petitions we have gone through the petitions dtd. 25.03.2018 and also dtd. 04.04.2019 with the same contention and prayer as made thereto which are supported by verification and affidavit respectively from the side of the complainants by the complainant Debabrata Bhattyacharjee.  We have gone through the relevant provision of law as embodied in the Code of Civil Procedure,1908 at Order-XXIII Rule-1 Sub Rule-3 Clauses- (a) & (b).  After due consideration it appears to us that the case would fail by reason of some formal defects as stated from the side of the complainants, hence, on being satisfied on the same we are of the view to allow the prayer of the complainant/complainants with the observation that in the event of subsequent case the point of limitation would not be saved, hence, it is ordered, that the petitions dtd. 25.03.2018 and 04.04.2019 both are allowed on contest but without any cost. The complainants are permitted to withdraw from this case with liberty to instate a fresh case in respect of the subject matter of the case.  The instant case is thus disposed of.

 

 
 
[HON'BLE MR. Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MRS. MALLIKA SAMADDER]
MEMBER
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER

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