DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs BARASAT.
M.A.No-329/2017
Arising out of C.C. No. 314/2017
Date of Filing: Date of Disposal:
11.12.2017 05.03.2018
Complainant/s = Vs. = O.P/s
Motiar Rahaman, 1. The Manager,
S/o. Fakir Ahmed, Motor Od Claims (ERO)
Vill- Chaltaberia, Royal Sundaram General Insurance
P.O. Duttapukur, Co. Ltd, (formerly known as Royal
P.S. Barasat, Sundaram Alliance Insurance Co. Ltd)
Dist- North 24 Parganas, Millennium City Information
Pin- 743248. Technologhy Park, Unit No. T-2,
Tower- II, Plot No. DN-62, Sec-V,
Salt Lake City, Kolkata- 700091, W.B
Represented by its authorized
Representative.
2. Royal Sundaram General Insurance
Co. Ltd, Millennium City Information
Technology Park, Unit No.T-2, 2A,
Tower –II, Plot No. DN-62, Sector-V,
Salt Lake City, Kolkata- 700091, W.B.
3. Rayal Sundaram General Insurance
Co. Ltd, Regd. Office - 21, Patullos Rd,
Chennai-600002, Tamilnadu.
4. Royal Sundaram General Insurance
Co. Ltd, Vishranthi Meiram Tower,
2/3/319, Rajiv Gandhi Salai (OMR),
Karapakka, Chennai, Tamilnadu.
5. Maruti Service Broking Ltd,
1, Nelson Mandela Sarani, Vasant
Kunj, New Delhi- 110070.
P R E S E N T :- Bankim Chandra Chattopadhyay………President.
:-Sri. Siddhartha Ganguli……………….. Member.
:- Smt. Silpi Majumder…………………… Member.
Order No. 7
Dated.05.03.2018
This order is arising out of M.A. No. 329/2017 filed by the O.P. Nos. 1 to 4 praying for reconsideration of the cost imposed against the O.P. Nos. 1 to 4 for the interest of Natural Justice and acceptance of the Written Version, otherwise the O.Ps will suffer irreparable loss and injury.
In the application it is stated by the O.P. Nos. 1 to 4 that the Ld. Forum has been pleased to impose cost which according to the O.Ps is on the higher side and excessive for acceptance of the W.V. against one company. The said O.Ps have prayed for allow the instant application.
Contd/-
M.A. No. 329/2017
The copy of the said application has duly been received by the complainant.
The complainant who is appearing in person has stated to re-consider the said amount as imposed on the O.P. Nos. 1 to 4 towards cost. According to the complainant the application should be allowed.
On scrutiny of the content of the application and argument as advanced by the Ld. Counsel of the O.P. Nos. 1 to 4 and the complainant in person who are praying to re-consider the cost amount as imposed by this Ld. Forum on the O.P. Nos. 1 to 4 due to delay in filing of the written version and acceptance of the W.V. As per the C.P. Act, 1986 the written version should be filed within 45 days from the date of receipt of the notice.
In view of the reportable judgment passed by the Hon’ble SCDRC in the case of Dr. J. J. Marchant –vs- Srinath Chaturbedi, Their Lordships have held that the written version should be filed within 45 days from the date of receipt of notice. Subsequently, as the said reportable judgment has been placed before the larger Bench of the Hon’ble Supreme Court, the Hon’ble Supreme Court in the case of Mampee (supra) has been pleased to opine that W.V. filed beyond the statutory period can be accepted subject to payment of adequate cost. It has been held by Their Lordships that until and unless the judgment is forthcoming from the larger Bench of the Hon’ble Supreme Court the Consumer Forum is empowered to allow receipt of the W.V. beyond 45 days subject to payment of adequate cost.
Having regard to the said judgment, cost was imposed upon the O.P. Nos. 1 to 4 due to delay in filing of the W.V, which is admittedly filed beyond the statutory period as per the C.P. Act.
Moreover, in view of the Reportable judgment passed by the Hon’ble Supreme Court in the case or Rajeev Hitendra Pathak, wherein their Lordships have held that the District Consumer Forum is not empowered either to review or recall its own order. Therefore, having no such power, we are not in a position to review our own order dated 03.11.2017.
The O.P. Nos. 1 to 4 is hereby directed to make entire payment of cost as ordered in the said order otherwise W.V. cannot be accepted.
Hence it is ordered that the MA being no-329/2017 is hereby dismissed on contest without any cost.
Member Member President
Dictated and corrected by me.
