West Bengal

Siliguri

RA/1/2023

SRI SHYAMAL CHANDRA DEY - Complainant(s)

Versus

THE ORIENTAL INSURANCE COMPANY LTD. - Opp.Party(s)

18 Jan 2024

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.
 
Review Application No. RA/1/2023
( Date of Filing : 21 Dec 2023 )
In
Complaint Case No. CC/17/80
 
1. SRI SHYAMAL CHANDRA DEY
S/O SRI SUDHANGSU CHANDRA DEY,R/O SOUTH BABUPARA,BIPLABI GANESH BOSE SARANI,P.O-SILIGURI TOWN,P.S.-SILIGURI,DIST-DARJEELING,PIN-734004.
...........Appellant(s)
Versus
1. THE ORIENTAL INSURANCE COMPANY LTD.
CITY BRANCH OFFICE NO.-II,HILL CART ROAD,P.O &P.S.-SILIGURI,DIST-DARJEELING,PIN-734001.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE APURBA KUMAR GHOSH PRESIDENT
 HON'BLE MR. RAJAN RAY MEMBER
 
PRESENT:
 
Dated : 18 Jan 2024
Final Order / Judgement

The petitioner is represented by the Ld. advocate.

The case is taken up for passing order in respect of admission hearing. By filing an application U/s 40 of the C.P. Act 1986 the present petitioner have filed this application praying for review of the order dt. 24.08.2023 which was passed by this Commission. At the time of hearing Ld. advocate of the petitioner submits that the order passed by this commission in page no. 06 is not clear and the awarded amount of Rs. 40,000 + 10,000 + 10,000 are not justified properly. He further submits that the interest which was awarded by this commission is not proper and there was no delay on the part of the OP and therefore Ld. advocate of the present petitioner praying for review of the order dt. 24.08.2023.

Having heard the Ld. advocate of the petitioner and on perusal of the present petition as well as final order/judgment which was passed by this commission on 24.08.2023 in Consumer Case no. 80/2017 it reveals that the final order was passed and the prayer of the complainant was allowed in part on contest. But without making payment of the awarded amount Ld. advocate of the present petitioner (OP of the previous case) has filed this review application on the grounds which are not convincing.

Accordingly we find no justification to entertain/admit  this type of frivolous application where the present petitioner praying for an order in the form of a fresh judgment which this commission has no right to entertain at this stage. Hence,

Ordered

That the instant Review Application being no. 01/2023 is hereby considered and not admitted as the grounds stated in the application are not convincing.

 

 

 

 

 
 
[HON'BLE MR. JUSTICE APURBA KUMAR GHOSH]
PRESIDENT
 
 
[HON'BLE MR. RAJAN RAY]
MEMBER
 

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