DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A No.- 106/2019
Arising out of C.C. NO-313/2018
Date of Filing: Date of Disposal:
22.02.2019 22.02.2019
Complainant:- Probal Dasgupta,
S/o. Late Bimak Kanti Dasgupta,
Shaid hemanta Kumar Bose Sarani, L.M. Sahapara, P.S.-Dum Dum, Kolkata-700 074, District North 24 Parganas.
=Vs=
Opposite Parties:- 1. The Managing Director,
Maxbupa Health Insurance Company Limited,
Block-B1/1-2, Mohan Co-operative Industrial Estate,
Mathura Road, New Delhi-110044.
2. The Chief Executive Officer,
Maxbupa Health Insurance Company Limited,
Kailash Building, 1st Floor, 35/1, Jaharlal Nehru Road,
Kolkata-700 071, P.S.-Park Street.
3. The Managing Director,
GPT Healthcare Private Limited, JC-25, Sector-III,
Salt Lake City, Kolkata-700 098,
P.S.- Bidhannagar South, District-North 24 Parganas.
4. Dr. Alok Kumar Haldar,
Associated Doctor with GPT Healthcare
Private Limited,JC-25, Sector-III,
Salt Lake City, Kolkata-700 098,
P.S.-Bidhannagar South, District-North 24 Parganas.
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………….President.
:-Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No-06
This order is arising out of the MA being no-106/2019 filed by the Complainant in the Consumer Complaint no-313/2018 praying for amendment in the cause title of the complaint in respect of the OP-4.
In the application it is stated by the Complainant that from a very reliable source the Complainant came to know the residential address of the OP-4. The Complainant is inclined to insert the said address of the OP-4 in the cause title of the complaint keeping the present address intact in the cause title of the complaint.. After admission of this complaint notice was issued upon the OP-4, but the same could not be effected till date. For this reason to expedite the complaint the Complainant has prayed the aforementioned for incorporation of another address of the OP-4. According to the Complainant if this application is not allowed, the Complainant will suffer irreparable loss and injury and prayer is made by the Complainant for allowing this application.
The OP-3 has received the copy of the said application with objection, but no vehement objection has been raised. Inspite of this the Ld. Advocate for the OP-3 has prayed for dismissal of the application.
We have carefully perused the content of the application and heard objection thereto and also heard argument on the said application advanced by the Ld. Counsel for the Complainant and the OP-3. Upon going through the application it is seen by us that admittedly since admission of this complaint on 08.08.2018 notice could not be served upon the OP-4. Hence as the Complainant has prayed for incorporation of the residential address of the OP-4 in the cause title of the complaint, we have no objection on the ground that until and unless notice is served upon the OP-4, the complaint cannot proceed. We got much substance in the application filed by the Complainant and in our view in the interest of justice the prayer of the Complainant should be allowed.
Hence it is ordered that the MA being no-106/2019 is hereby allowed without any cost.
Fix 02.05.2019 for filing amended complaint by the Complainant showing incorporation of the residential address of the OP-4 in the cause title of the complaint along with the present address without any fail.
Let plain copy be given to the parties free of cost as per the Provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
